| Viewing Single Post From: TROY DAVIS TO DIE, BY ONE VOTE | |
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| Sydney Carton | Apr 20 2009, 03:00 PM |
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Tidbits has given more to the Duke Lacross case than I could ever hope to give in a lifetime but he waxes hot on my defense of Troy Davis .I believe our controversy worth continuing ,not to ridicule him but as an example of how minds can work so well together in certain instances and suddenly discover that we appear to be living not in different neighborhoods but on different planets. T I reviewed the 11th CA opinion. SC: You apparently reviewed pp. 1-34(I fear with less than your usual degree of perspicacity)and neglected to read the only intelligent commentary in the opinion ,pp.34 to 47. Read it all here: http://www.ca11.uscourts.gov/opinions/ops/200816009ord.pdf T: It appears to be a frivolous appeal. The court spent a great deal of time on it, in comparison to the merits. This was a state court case. It seems there was a trial. An appeal. A state habeas case. An appeal. A Federal habeas case. An appeal. And more. And more. Now the claim that he is "actually innocent" is made. Now. Did he just think of this? SC Tid,cool down;you are apparently still feeling so hot on this issue that you have furthermore failed to assimilate p. 3 : "Davis then filed his first federal habeus corpus petition on Dec.14,2001...The district court DID NOT RULE ON HIS ACTUAL INNOCENCE CLAIM,instead searching the merits of his constitutiional claims and denying his petition." ,Pp.22-24 which apparently greatly impresses you is the only Federal review of the evidence which Davis has ever had. Read it again and you will find that two of the three justices concerned did not even find it necessary to discuss eighteen of the nineteen affidavits concerned apart from the extremely brief(and highly inaccurate) consideration they gave to the recanting seven. The mighty two might have at least have considered the affidavit of Joseph Washington(Washington gave his statement at the very earliest stage of the case and he has never varied it over twenty years despite the pereennial intimadation of the entire state of Georgia) that he saw Red Coles gun down Officer MacPhail. The two(pp.33-34) in the end are reduced to the evidence of four witnesses: "The jury chose to believe Coles [The leaned judges do well to use the past tense...for the living jurors have spoken and they no longer believe Coles.]...Coles continues to implicate Davis[The judges really went overboard on this one.Coles has refused to say anything since the original trial.The prosecution chose not to produce Coles at the State Board hearings and has never in twenty years submitted an affidavit from him regarding the testimony of some dozen witnesses who,between 1993 anfd 2001 directly incriminated him.And,after twenty years, two of these three judges now take some unidentifiable hearsay from Coles as additional grounds for sending Davis to his death!];"and the testimony of Larry Young and Valerie Coles conflicts with Davis". Larry Young is the homeless man[I trust he's found a home by now] who has most emphatically repudiated his trial "identification".How does he still contradict Davis? Young still says he heard only one man --the shooter --speak to him.Davis has always said that he twice asked Coles to lay off Young. Young was admittedly semi-intoxicated,down on the ground,being beaten and had a gun on him.It is quite possible under such circumstances that he failed to hear may be four syllables like "lay off" but two of three judges find Young's aauditory lapse incredible and cite it as evidence why Davis must die. Oh, yes,there is still Valerie Coles,Red's sister.And obviously since the judges have just gone on record as to what a credible guy Red is how could they possibly fail to be impressed by his sister.They sound like a lovely a pair as Travis and Crystal. Personally I rather prefer the dissent by the only one of the three judges who felt morally obligated to consider the twenty-six affidavits subnitted against the total of four witnesses cited by the majority: "When considered altogether the evidence significantly undermines the evidence presented by the State at trial" p.46 T: There is now a federal law that allows one habeas case. He had that. Before this. SC: See above. T This is another habeas case. But, the law says no. SC: Are you actually claiming ,X,that these judges acted illegally in hearing this appeal? Well then obviously you don't want us to rely on any dribble which these idiot savants have recently penned in explication of their highly illegal conduct. T: [snip] Why should the limits on federal habeas be ignored? Why shouldn't the court close down on the holy days of Quanza, Summum, LDS, Islam, Taoism, Masons, and The Independant Order of Odd Fellows and Rebeccas? It may be important to consider the truth of trees, but why should the court take the day off because someone somewhere wasnts to contemplate trees? http://www.summum.us/potpourri/tree.shtml SC: But trees lie a lot less frequently than witnesses in capital cases. T: But, despite all this, the court actually considered the substance of the actual innocence claim. It was not convinced. SC: For the record the majority considered only the substance of the prosection claim,which by the consensus of the Almighty Two,now consists of Red Cole(whom they allege on hearsay evidence to persist in his original claims) Coles sister who knew her brother was facing a possible death sentence,a third witness who originally told the police he couldn't identify anyone,and the fact that a terrified and semi-intoxicated man doesn't recollect hearing four or five syllables uttered two decades back. Hey,I have never yet said that I believed Davis was innocent;I merely said(and that's more than enough for now ) that it would be a national outrage and a cause of international shame if he is allowed to die without an unbiased and comprehensive consideration of his entire case.So far only a minority of judges have been willing to come his absolutely minimal rights. On the other hand,this abysmal argument by the Two has come closer than anything so far to conving me that Davis actually is innocent.If that's the best they can do......well..... Edited by Sydney Carton, Apr 20 2009, 04:03 PM.
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| TROY DAVIS TO DIE, BY ONE VOTE · DUKE LACROSSE - Liestoppers | |
4:53 PM Nov 28
