Troy Davis: Reasonable Doubt

Troy Davis French poster

Today, I am updating and republishing much of an article I originally published 2 ½ years ago. Troy Davis has been sitting on Georgia’s death row for over twenty years. Davis was convicted of the shooting death of an off duty police officer, Mark MacPhail. Since his conviction, Davis has been appealing his case. Over the years, most of the so called “eye-witnesses” have recanted their testimony and evidence has surfaced implicating another man as the shooter, Sylvester Coles.

Davis’ attorney appealed their case all the way to the U.S. Supreme Court. In June, 2011, the Supreme Court refused to hear the case. An execution date of September 21, 2011 has now been set. Davis’ family is calling on people to sign a petition to the Georgia Board of Pardons and Paroles, which will hold a final clemency hearing just days from now.

The following text comes from my pervious article, which lays out the case for reasonable doubt. In order to be convicted of murder, a jury must find the accused guilty beyond a reasonable doubt. Since the trial, jury members have said had they known what they know now, there is no way Troy Davis would have been convicted of the crime. Judge for yourself:

(Originally published at BrooWaha, May, 2009.)

According to the Attorney General of the State of Georgia, Thurbert E. Baker, on August 19, 1989, at approximately 1:00 a.m., Troy Anthony Davis allegedly shot and killed Savannah Police Officer Mark MacPhail. At the time, MacPhail had just started his night job as a security guard at the Greyhound Bus Station across from a Burger King. At the restaurant, a fight ensued and Davis struck a homeless man with the back of a .38 special revolver. When Officer MacPhail approached the men fighting with his nightstick, Davis shot the officer twice before fleeing the scene.

At trial, the prosecution presented nine separate witness testimonies connecting Davis to the murder of MacPhail, the assault of the homeless man, and a shooting at a party that occurred a couple of hours earlier. One witness claimed that after Davis first shot the victim he walked up to the officer smiling and shot him one more time. Just to assure MacPhail’s death. In August, 1991, Troy Anthony Davis was convicted of murder and later sentenced to death. Davis maintains his innocence and has been appealing his sentence ever since.
http://law.ga.gov/00/press/detail/0,2668,87670814_87670929_121231342,00.

However, before, during, and after the trial, seven of the nine witnesses recanted their testimony. Pretty much all the witnesses are now saying the same thing. They claim the police strong-armed them into pointing the finger at Davis. Here is a typical affidavit from one of the seven witnesses, Jeffery Sapp;

“I remember when the officer got shot down at Burger King… The police came and talked to me and put a lot of pressure on me to say, ‘Troy said this’ or ‘Troy said that’. They wanted me to tell them that Troy confessed to me about killing that officer. The thing is, Troy never told me anything about it. I got tired of them harassing me, and they made it clear that the only way they would leave me alone is if I told them what they wanted to hear. I told them that Troy told me he did it, but it wasn’t true. Troy never said that or anything like it. When it came time for Troy’s trial, the police made it clear to me that I needed to stick to my original statement; that is, what they wanted me to say. I didn’t want to have any more problems with the cops, so I testified against Troy”. 

Even the homeless man that was assaulted that evening tells a similar story. Here is an excerpt from him, “They kept asking me what had happened at the bus station, and I kept telling them that I didn’t know. Everything happened so fast down there. I couldn’t honestly remember what anyone looked like or what different people were wearing. Plus, I had been drinking that day, so I just couldn’t tell who did what. The cops didn’t want to hear that and kept pressing me to give them answers. They made it clear that we weren’t leaving until I told them what they wanted to hear. They suggested answers and I would give them what they wanted. They put typed papers in my face and told me to sign them. I did sign them without reading them.”

All seven recanted statements are found in an Amnesty International USA (A.I.) report, Where Is The Justice For Me? The Case of Troy Davis, Facing Execution in Georgia. 
http://www.amnestyusa.org/document.php?lang=e&id=ENGAMR510232007

According to the report, one of the two remaining witnesses testimony is contradictory. In his initial statement, one of the men claimed he did not see the shooter. However in court, he pointed to Davis as the gunman. The only other witness against Davis is a man named Sylvester “Red” Coles. The day after the murder, Coles and his attorney went to the police and named Davis as the killer. Amnesty International claims that after Coles and his attorney pointed to Davis the police put blinders on went after Troy with the full force of the police department. They were determined to gain a conviction of a cop killer and the first guy fingered received their full attention. Overlooking all other possible suspects. Even though Troy Davis was the local basketball coach and Coles was well known in the community as a scary guy. Additionally, Coles admitted to owning a 38. caliber pistol, but claimed he lost the gun earlier that night.

Since the brutal murder of officer MacPhail, nine people have come forward and implicated Coles in the crime. Again, from the A.I. report, here is an example of the testimony that has surfaced. Testimony that was not heard by the jury which sentenced Davis to death. This is from a sworn affidavit given by Tonya Johnson, who lived near the Burger King:

“Sylvester Coles — we all called him Red — and a guy named Terry coming down the street from the Burger King. When I saw Red and Terry they were both in a panic and very nervous. Red and Terry each had a gun with them at that time. Red asked me to hold the guns for him, which I refused to do. Red then took both guns next door to an empty house and put them inside the screen door and shut the door… I have known Red all of my life. He used to live next door to me… For most of my life I have been scared to death of him. In fact, he threatened me after this happened. He told me that he wanted to make sure that I did not tell the police about the guns he hid in the screen door that morning. This is why I did not testify about the guns at Troy’s trial because I was afraid of what Red would do to me if I did. I have not told anyone about this until now because I was still scared… But I have decided that I must tell the truth.” 

Death Penalty Information Center reports that since 1973, 133 men on death row were found to be innocent. The latest acquittal came this week. Daniel Wade Moore was sentenced to death for the murder and sexual assault of Karen Tipton in 2002. Fortunately for Moore, he was able to prove to the appeals court that the prosecution withheld crucial evidence that exonerated him. Unfortunately for Davis, he was unaware of or unable to get the recanted witness testimony and the statements that actually implicates Cole, at the time of the trial. And once Davis lost his appeal in the state court, the federal appeals process can do little to introduce the recantations and additional statements. In April of this year(2009), the federal court rejected Davis’ final appeal.
http://www.deathpenaltyinfo.org/innocence-list-those-freed-death-row

Clemency from Georgia’s governor or the Board of Pardons and Parole is now Troy Davis’ only hope. Nonetheless, Davis’ list of supporters has grown long. Most notably the Pope, Jimmy Carter, Desmond Tutu, members of congress including John Lewis, Jessie Jackson Jr. and Shelia Jackson Lee and Senator Carol Moseley- Braun. Additionally, a host of religious and human rights organizations have all called for Davis’ appeals to be heard.

Troy Davis’ sister Martina has been a tireless advocate for her brother. Her website collects letters of support for Troy and shows videos of rallies and actions she has held around the world on her brother’s behalf. You can sign the family’s petition at this site:
http://www.troyanthonydavis.org/

Here is a quick link to Troy’s petition: Sign this petition now!

-Photo from troyanthonydavis.org’s website.

Freedom Flotilla Two: Another Massacre Looms?

Originally published at the Daily Censored for Project Censored

On June 21, 2011 some 40 to 50 American peace activists will gather in Athens Greece to join up with the 2^nd International Freedom Flotilla headed to Gaza to deliver humanitarian aid and essential building materials. The Americans have named their ship “The Audacity of Hope” after President Obama’s book with the same title. According to organizers, at least 1,000 people on no less than 10 boats will take part in this year’s flotilla. Other western nations sending boats to support the Freedom Flotilla include Canada, Ireland, Spain, and the Swiss.

Many people will remember, last year Israeli sailors and commandos illegally attacked the ships in international waters, summarily executed 9 peace activists and wounded dozens more. Most people are likely to remember the highly edited and misleading videos and press releases put out by the Israeli’s.

The first grainy video clips of the Freedom Flotilla massacre came from the Israeli military. They showed what appeared to be a group of men from the Mavi Marmara assaulting Israeli commandos with what appeared to be pipes and clubs. After releasing the videos, the Israeli’s released a highly distorted propaganda campaign. They falsely claimed that after they had boarded the ship they were violently attacked with knifes and pipes and the Israeli soldiers were forced to defend themselves. Israelis even went so far as to dub in anti-Semitic and holocaust related comments in the videos in order to manipulate the emotions of unsuspecting viewers.

Just after the 2010 Freedom Flotilla massacre, I wrote a couple articles about why Israel can’t be trusted. I followed NGO’s like Human Rights Watch as they investigated the IDF propaganda videos, press releases and other related outright lies high ranking Israeli officials spread to the corporate controlled mainstream media.

In October, 2010, the Human Rights Council (HRC) released a report and the forensic evidence of the dead activists were published around the same time. The horrific details of the massacre were finally revealed. However, the corporate controlled media had already run Israeli’s false portrayal of events and decided to just let the government’s distortions stand uncorrected. I wrote a follow up article titled, Israel Found Guilty of Massacre after  the forensic evidence was released the HRC report became available. In the report, the HRC officially concluded:

“Insofar as the Israeli interception of the flotilla was unlawful—and the Mission considers that it was unlawful—the use of force by the Israeli forces in seizing control of the Mavi Marmara and other vessels was also prima facie unlawful since there was no legal basis for the Israeli forces to conduct an assault and interception in international waters. Moreover, in undertaking these operations and regardless of the legality of the operation, the Israeli forces were obliged to do so in accordance with the law, including Israel’s international human rights obligations…”

Now here are parts of the forensic evidence on massacred peace activists:

“…All of the entry wounds were on the back of his body, except for the face wound which entered to the right of his nose. According to forensic analysis, tattooing around the wound in his face indicates that the shot was delivered at point blank range. Furthermore, the trajectory of the wound, from bottom to top, together with a vital abrasion to the left shoulder that could be consistent with the bullet exit point, is compatible with the shot being received while he was lying on the ground on his back.”

And here are some of the details from another victim:

“Forensic evidence shows that he was shot in the side of the head with a soft baton round at such close proximity and that an entire bean bag and its wadding penetrated the skull and lodged in the brain. He had a further bruise on the right flank consistent with another beanbag wound. The wounds are consistent with the deceased initially being shot from soldiers on board the helicopter above and receiving a further wound to the head while lying on the ground, already wounded.”

According to the reports, (as I reported in October) once Israeli soldiers gained control of the top deck they turned their weapons down on the folks on the second deck and made a turkey shoot of the people scrambling below as they ducked for cover. Several activists grabbed chairs, poles and perhaps a kitchen knife (although that has not been confirmed) and began defending themselves from the Israeli soldiers murderous rampage. Wounded activists on the top deck of the ship had no chance of survival. Once the commandos, repelled down and boarded the vessel, at point blank range, the Israeli soldiers summarily executed the wounded peace activists.

This year, the 1,000 brave peace activists should expect nothing less from the Israeli government. Israel has repeatedly shown little to no regard for the lives of civilians, non-violent peace activists, or anyone else that gets in their way of “strangling” (Netanyahu’s word) the entire population of Gaza. Israeli’s goal to reduce all 1.5 million men, women, and children of Gaza to the least possible level of existence without outright killing them. Under international law, Israeli’s blockade is clearly a despicable act of collective punishment and a crime against humanity.

The list of American crew members in this year’s Freedom Flotilla is impressive. A cofounding member of Code Pink, Media Benjamin will be on the ship. Another noted, beautiful and powerful woman planning on board The Audacity of Hope” is Pulitzer Prize and National Book Award winner Alice Walker (unfortunately, no known relationship to me). Walker visited Gaza in 2008 and said upon returning to the U.S., “Going to Gaza was our opportunity to remind the people of Gaza and ourselves that we belong to the same world: the world where grief is not only acknowledged, but shared; where we see injustice and call it by its name; where we see suffering and know the one who stands and sees is also harmed, but not nearly so much as the one who stands and sees and says and does nothing.”

Another passenger on the American ship will be Richard Levy. Levy is the former president of the North East District of the B’nai Brith Youth Organization. A graduate of Cornell U. and the NYU School of Law, he has practiced labor and civil rights law for more than 40 years. Levy points out, “Because Israel occupies Gaza, and accordingly has obligations under the Geneva Conventions, it cannot legally blockade Gaza.” Therefore, he continued, “attempts by the Israeli government to prevent ships from going to Gaza are equally illegal.”

After President Obama gave his recent speech on the middle east, passengers and crew members of  the ship “The Audacity of Hope” signed onto a letter drafted by passenger Ray McGovern. According to his biography, “McGovern served as an Army infantry/intelligence officer in the early 1960s and then as a CIA analyst for the next 27 years. In the early 1980s, he prepared and presented The President’s Daily Brief one-on-one to Vice President Bush and other senior officials. He now works with Tell the Word, a publishing arm of the ecumenical Church of the Saviour in inner-city Washington.”

In the letter, McGovern calls on Obama to back up his words with actions regarding the universal application of international law and human rights. McGovern reminds the president:

“Gaza is a sequestered, crowded open-air prison, in which Israel keeps “inmates” at a subsistence level of existence. This amounts to the kind of collective punishment banned by international law and is enforced by an equally illegal Israeli naval blockade.

Many Americans have long been puzzled that you choose to exempt Gazans from your stated concern about universal rights; and, frankly, we have tired of waiting for a cogent explanation. So we ask you to look upon our voyage to Gaza as our attempt to implement your rhetoric about what ordinary citizens can do – not only to “speak,” but also to act to meet the broader aspirations of the ordinary people of Gaza.”

The entire list of passengers and crew of the ship The Audacity of Hope reflects a broad swath of Americans from a wide range of backgrounds. For example, amongst the passenger list there is 22 year social justice activist Max Suchan along with 86 year old Hedy Epstein, a holocaust survivor that worked as a research analyst at the Nuremberg trials. There will be construction workers, healthcare providers, lawyers, artists, scholars, diplomats, former military members, and peace activists on board the ship. For the complete list of confirmed passengers and crew, check out this link.

It has been reported that Israel has already been working behind the scenes in Washington and worldwide to discredit the Freedom Flotilla 2 campaign. Considering Israel’s past record on the Gaza blockade and the massacre on the first flotilla, we should all be expecting a well orchestrated disinformation campaign to come out, of what I predict to be an impending assault.

As for what activists can do, the passengers and crew members of The Audacity of Hope are encouraging people to learn more about the illegal Israeli blockade and write letters of support to the people of Gaza. Along with the passengers and crew, I’m encouraging the Israeli’s to simply let the Freedom Flotilla peacefully land in Gaza and unload their cargo. To follow the upcoming voyage and learn more about the campaign, visit the ship’s website at ustogaza.org.