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A GLIMMER OF HOPE FOR TROY DAVIS.
Since 1991, Troy Davis has been on death row for the murder of Georgia police officer Mark McPhail. Since his trial, seven of the nine witnesses in his case have recanted, with several fingering the ninth witness as the real killer. There is no physical evidence linking Davis to McPhail's murder, and several of the witnesses claim they were intimidated into fingering Davis by police. Davis' appeals for a new trial have been denied time and time again on legal technicalities, despite the large amount of exculpatory evidence that has arisen since his conviction. Davis' supporters are a diverse group, from Pope Benedict to Jimmy Carter to Bob Barr. McPhail's family has maintained they want Davis executed.
The Supreme Court's 6-2 decision today to force a Georgia District Court to “receive testimony and make findings of fact as to whether evidence that could have been obtained at the time of trial clearly establishes [Davis'] innocence," is then, the first real glimmer of hope for Davis in years.
The Davis case has resonated nationally because for many it has that feel of old-time racism. For the folks proclaiming his innocence, it appears that a white police officer was killed, and in the rush to find someone to punish, any black man would do.
I actually think racism is less of an issue than the structural problems within our legal system, which places making sure things run smoothly as a larger priority than ensuring that we're punishing the right person--hence the incredible procedural hurdles facing a condemned man seeking a new trial even in a case where compelling exculpatory evidence has come to light. But obviously, given the state of the criminal justice system, this way of doing things hurts some people more than others, and the people hurt are disproportionately black.
Also, just in case anyone's wondering, Sonia Sotomayor didn't vote. So there's no blaming this on her. You'll be shocked to know that Antonin Scalia and Clarence Thomas were the sole dissenters. Even John Roberts wasn't callous enough to suggest a potentially innocent man should be executed without anything resembling a fair trial.
-- A. Serwer
COMMENTS (4)
I was going to write a comment starting with the obligatory Captain Renault reference since you started it, but I was just too depressed that 2 intelligent individuals that sit on our highest court could actually believe that justice isn't necessary.
I believe that could actually be grounds for impeachment.
Posted by: JohnM | August 17, 2009 11:52 AM
Hello Staff
My name is Raymond Carnation. I along with two other white Philadelphia Police Officer that opposed racism against African Americans in the Philadelphia Police Department was retaliated against and fired 1999. This occurred under the command of William Colarulo now a Chief Inspector in the Philadelphia Police department. In May of 2008 we won our Precedential racism case and the jury awarded us $10 Million Dollars. The case is Myrna Moore vs. The City Of Philadelphia NOS. 03-1465 and NOS. 03-1473. Feel free to Google the case and my name for a better understanding.
We are now experiencing extreme retaliation from this bias Federal Judge Mary A. McLaughlin, and still the City of Philadelphia after the verdict decision. This is now the second time we have been victimized by government agencies, the City of Philadelphia and now the Eastern District of Pennsylvania Court. They are trying to keep a tight lid on the police racism problem in Philadelphia. I believe the media as well as the public should be aware of this problem and scandal in Philadelphia. We are seeking national attention on this matter and would like to see Oprah, Dateline, or 20/20 take a interest. I hope you and your staff will give us the opportunity and privilege to tell our story. Together we will be able to properly address police racism, the cover up, and the disturbing behavior of Federal Judge Mary A. McLaughlin. Below are article written on our case. Thank you so much for your time and concern. I hope to hear from you in the near future.
Warmest Regards,
Raymond Carnation
email around4life@aol.com
cell# (267) 231-8143
http://www.counterpunch.org/washington05162008.html
Racism in Police Departments Must Be on the National Agenda
By Keith Rushing
I hope that the U.S. Department of Justice in the Barack Obama administration on will he do what no ne have done before: take serious measures to end the rampant racism and abuse of power in police departments across America. OF if course, we can’t expect miracles in the span of...
URL to article: http://www .justdemocracy blog. org/?p=791
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