The June 1 print issue of the New York Times has this op-ed by Bob Barr, Libertarian Party presidential nominee last year. Barr argues that the U.S. Supreme Court should honor the habeas corpus petition filed by Troy Davis, who is on death row in Georgia. Unless the U.S. Supreme Court intervenes, Georgia could set an execution date at any time. Barr says in the op-ed he is pro-death penalty but he points out that no court has heard the latest evidence that Davis is innocent.
I agree completely with Bob Barr that Troy Davis should get a new hearing and that the Supreme Court should honor his habeas corpus petition. It is highly doubtful that any court will be able to convict Mr.Davis on the basis of hard evidence, for there is none. The only “reason” to deny him a new trial would be the desire to see him executed before his innocence can be established.
Let’s hope that the Supreme Court does not chose “procedure” over justice, with the idea that new evidence is irrelevant and someone can be executed as long as “correct procedure” is followed.
I am convinced that if Troy Davis (hypothetically speaking) were now in Vermont or Massachusetts, or in any other state without the death penalty, he would be walking free today. It is incredible that a human being can be executed on the basis of which state he or she happens to live in.
Shloime Perel
I am no SCOTUS scholar, and don’t know the nuances of the law, but I believe I am right in saying that the Supreme Court has ruled exactly that in the past: Actual innocence is irrelevant. The only question they can consider is, was the conviction and sentence constitutional.
This is but one reason that I am not a strict constitutionalist.
Free Troy Davis! This man is totally innocent and this is a proven fact. His case is a microcosm of the injustices happening not just in this country, but worldwide. We must put a stop to the brutality and injustice!
{{It is incredible that a human being can be executed on the basis of which state he or she happens to live in.}}
Or has his or her trial in, to be precise, but it’s a chilling thought either way. Most people don’t think about this. In any event, it’s hard for me to believe that in another generation or two the death penalty will exist at all in this country anyway. And at that point we’ll finally be able to join the European Union. 🙂 Oh wait, we need to adopt the same measurement system virtually the entire rest of the planet uses, but one thing at a time.
Does anyone here know, does District Attorney Chisolm have the authority to demand a new jury trial for Mr. Davis? Does it seem that would be the best, most fair way to clear up the huge questions?
Thank you, if you will, for information on this.
If you read Article 3-The Judicial Branch-of the constitution, nowhere does it limit the Supreme Court to considering cases only based on whether or not the constitution is violated. The idea that logic, common sense and elemental human decency must be set aside in deciding legal cases is a radical and ludicrous one. In fact, IMO, Obama and others are correct in looking at ordinary human empathy as an important judicial attribute. Whether or not executing an innocent person is constitutional or procedurally correct, it violates human decency and common sense.
I have been following the Troy Davis case very closely. As there is no evidence against him except he is a black male living in Georgia he should be given his due process. His rights have been violated long enough.
It is time for the system to give Troy Davis the fair trial he was denied in his original proceeding. Perjured testimony is a denial of the 6th amendment and 14th amendment right to due process.
On that basis (if not on actual innocence) the USSC should grant a new trial.
Troy Davis deserves to be heard! Troy was convicted soley on eyewitness testimony, of which now 7 of the 9 have recanted and said they were pressured by police! One of the two that have not recanted is the alternante suspect in this murder. There was never a murder weapon or any evidence that connects Troy to this case. The state of Georgia and the United States would be making a grave mistake if this execution takes place. No Justice, No Peace!
ALL 50 State legislatures are ANTI-Democracy gerrymander monarchies – oligarchies.
A plurality of the votes in a bare majority of the gerrymander districts (political concentration camps) = about 25 percent indirect MINORITY RULE.
Result – the TOTAL corruption in numerous laws — including even having the death penalty — with corrupt / negligent cops and prosecutors doing selective prosecutions.
Davis should file his Habeas Corpus petition in a U.S. District Court since he is NOT a State for purposes of an original jurisdiction case in the Supremes. Art. III, Sec. 2, para. 2.
It is worse than silly, it is irresponsible to say “there is no evidence against him except he is a black male living in Georgia.”
In fact, he was convicted by, as someone else here noted, allegedly eyewitness testimony.
Unfortunately for the government, though, many if not most of those alleged eyewitnesses have recanted.
A lot of the opposition to his conviction is simply opposition to capital punishment, rather than a strict desire for justice, and obviously a lot of it also some of that “reverse racism,” to use another silly phrase.
And a lot of the calls for Davis’s immediate execution are simply the perception he is a cop killer and deserves no further discussion. Phooey on facts.
Bob Barr deserves plaudits for his stand on this, though, because justice really does demand at the very least a new trial.
Since those alleged eyewitnesses have recanted, and the evidence was weak to begin with, probably the best course is just to turn Davis loose.
And the whole situation is or should be another nail in the coffin of the whole barbarous concept of capital punishment.
It is so foolish to give a government the “right” to kill people.
I served 16 years in prison for murder and rape in NY before I was cleared by DNA. I was convicted, at age 17, despite a negative DNA test, based upon a coerced, false confession, the fabrication of other evidence, prosecutorial misconduct, and forensic fraud. Ultimately I was cleared because further DNA testing matched the real perpetrator, who subsequently confessed. Prior to my innocence being proven, I was denied by every single court along the way. Courts were not concerned about my Innocence, instead they looked for any way possible to deny relief. With 7 of 9 witnesses recanting, and the third party confessions by the real perp, all in favor of Davis, it is obvious that is what is happening to Troy Davis.
Thank you Jeff for your personal testimony. I fear that I’d have gone insane in such a Kafkaesque situation.
Michael, I feel sure you are right that many who oppose Troy Davis’ execution do so because we oppose letting the state kill in our name. I am one of those people. I do think, especially in this case, it is appropriate to point out that the author of the piece in question supports the death penalty.
Jerry…I am sure you are right. As I mentioned, I am no scholar of any sort. I was stating what my impression was, and that is that the appellate courts, including the Supreme Court, don’t consider the facts of any case, including actual guilt, but only if “proper process” was followed. It is this sort of twisted (in my opinion) logic that left Jeff just above in jail for all those years.
Again however, I am just a regular Joe with a micro-business and opinions, but no degree beyond High School. Take my words with a rock of salt.