| Viewing Single Post From: TROY DAVIS TO DIE, BY ONE VOTE | |
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| Sydney Carton | Apr 18 2009, 02:16 PM |
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We apologize to the Justice concerned.The first report we cited erroneously stated that he found against Davis on technical grounds,for which he may had good legal reason.Instead,as the article below makes clear,he cast the deciding vote while reiterating the worst of the tripe which we have been hearing for sometime: "On Thursday, the two-judge majority noted that state courts and the Georgia Board of Pardons and Paroles had exhaustively reviewed Davis’ claims and rejected them. Judges Joel Dubina and Stanley Marcus said they agreed with those conclusions. “Davis has not presented us with a showing of innocence so compelling that we would be obligated to act today,” ..... SC Now the learned judges certainly know that the Georgia Board of Pardon and Paroles has only voted for clemency three times since the 1980's.I am not aware that any of these three lucky defendants had the effrontry to claim they were actually innocent.If the opinion of the present Georgia Pardon board is the criterion no falsely convicted defendant will ever escaped the maximum sadism allowable under Georgia law. What is more the Board only heard five of the old witnesses and,so far as we know,none of the twelve new witnesses against .We do know that the Board,and 2 of the 3 new judges , are not sufficently interested to compel the testimony of Sylvester"Red" Cole whom the prosecution has no intention of putting within a mile of a witness stand. It has been said that Cole has not recanted but neither,so far as is known,has Cole ever either denied or explained the evidence of a single one of the twelve witnesses who have freely volunteered to testify against him. The Georgia Supreme Court has riuled against the hearing of Davis' innocence claim by a mere four-three vote,its own Chief Justice angrily dissenting.Yet the two would assure us,at the expense of the defendant's life,that reading seven of the niineteen affidavits more than met their criterion of guilt. If ths be so why call the hearing in the first place.Anything the new judges said or read was said and read many years ago.It did not satisfy then and it does not satisfy now. Updated: 7:11 p.m. April 16, 2009 Federal court rejects Troy Davis’ appeal Killer gets 30-day stay of execution to pursue appeals By BILL RANKIN The Atlanta Journal-Constitution Thursday, April 16, 2009 The federal appeals court in Atlanta on Thursday rejected death-row inmate Troy Anthony Davis’ bid for a new trial on claims he did not kill a Savannah police officer in 1989. In a 2-1 opinion, the 11th U.S. Circuit Court of Appeals ruled that Davis could not establish by clear and convincing evidence a jury would not have found him guilty. Troy DavisRelated links: Court issues stay of execution for Troy Davis Opinion: Our system owes Troy Davis another day in court • Metro and state news Davis’ innocence claims have attracted international attention. They rely largely on the recantations of key prosecution witnesses who testified at trial and on statements by others who say another man told them he was the actual killer. In October, the 11th Circuit granted Davis a stay three days before he was to be put to death by lethal injection. It marked the third time Davis’ life was spared before his scheduled execution. On Thursday, the two-judge majority noted that state courts and the Georgia Board of Pardons and Paroles had exhaustively reviewed Davis’ claims and rejected them. Judges Joel Dubina and Stanley Marcus said they agreed with those conclusions. “Davis has not presented us with a showing of innocence so compelling that we would be obligated to act today,” they wrote. The judges said they view the recantations with skepticism and, after reviewing Davis’ claims, “remain unpersuaded.” Judge Rosemary Barkett dissented. “To execute Davis, in the face of a significant amount of proferred evidence that may establish his actual innocence, is unconscionable and unconstitutional,” she wrote. The 11th Circuit kept in place its stay of execution for another 30 days so Davis can pursue his final appeal before the U.S. Supreme Court. The high court in October declined to consider a previous appeal. Davis, 40, stands convicted of killing off-duty Savannah Police Officer Mark Allen MacPhail. The 27-year-old former Army Ranger was shot three times before he could draw his weapon. Russ Willard, spokesman for state Attorney General Thurbert Baker, said the 11th Circuit made the “correct decision.” Tom Dunn, one of Davis’ lawyers, said he was disappointed, but would fight on. “Troy is innocent and this struggle is far from over.” |
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| TROY DAVIS TO DIE, BY ONE VOTE · DUKE LACROSSE - Liestoppers | |
12:51 AM Nov 28
