Innocence ignored in Troy Davis case

Troy Davis

In a shocking disregard for justice, the Georgia Pardons and Parole Board refused to stop the execution of Troy Anthony Davis, scheduled for Sept. 23.

On Sept. 12, the five-member board heard voluminous evidence supporting Davis’ claim of innocence in the 1989 killing of a white off-duty policeman, Mark Allen McPhail, in a Savannah Burger King parking lot. Davis is African American.

Despite previously stating that no execution would be allowed to take place in Georgia “unless and until its members are convinced that there is no doubt as to the guilt of the accused,” within less than 30 minutes of the completion of the clemency hearing, the board issued a short press release announcing its decision without comment.

Davis’ lawyers and family were stunned by the failure of the board members to thoroughly look at the mountain of documents substantiating Davis’ innocence. Several of the board members are former Georgia Bureau of Investigation officials

The Davis case has raised international concern about the arbitrary, capricious and biased use of the death penalty in the U.S. More than 200,000 signatures have been collected on petitions. Hundreds of clergy including the pope have registered their opposition to Davis’ death sentence.

At the 1991 trial, Chatham County prosecutors offered no physical evidence connecting the then 21-year-old Troy Davis to the shooting. The murder weapon was never found; there was no DNA, fingerprints or any other forensic evidence. Troy became a suspect based on the word of Sylvester “Redd” Coles, who admits to being present at the scene. Coles had a prior police record. The Savannah jury heard from eight other witnesses who gave inconsistent accounts implicating Troy.

Seven of these eyewitnesses have since signed sworn affidavits claiming that their testimony was false, with some claiming police coercion and intimidation. The remaining trial witness said in 1989 he could not identify the shooter but two years later in court positively identified Troy.

Additionally, nine individuals who were not called to testify at the trial have since provided sworn statements pointing to Sylvester “Redd” Coles as the assailant.

Davis, who has always claimed innocence, has been repeatedly denied a new trial or even a legal hearing where the recantations and the new witness statements could be examined. In March 2008, the Georgia Supreme Court voted 4-3 against reopening his case despite strenuous objections from three judges.

Hundreds of Davis’ supporters gathered in a noisy rally on Sept. 11 at the Georgia State Capitol. Martina Correia, Troy’s sister, who has tirelessly worked to free her brother, held a cell phone to the microphone. From his death row cell, Davis thanked the crowd for their efforts. “I am an innocent man. Until I am free, justice is not done.”

Correia sent a Sept.15 message to Davis supporters stating that his “lawyers presented the additional witnesses who told accounts of police detectives threatening them with guns and the DA threatening with perjury if they changed their testimonies against Troy. Most of these people were teenagers.”

Activists with Amnesty International, the ACLU of Georgia and Georgians for an Alternative to the Death Penalty are redoubling their efforts to save Davis’ life. An emergency appeal has been filed with the U.S. Supreme Court and letters are being sent to the Pardons and Parole Board which can still intervene to reverse the execution. A mass march has been announced for Sept. 18 with solidarity actions taking place elsewhere.

Georgia’s record of criminal injustice is long and bloody, whether from racist lynchings and mob killings to nonexistent or underfunded public defenders. Georgia became the first state following the recent Supreme Court decision sanctioning lethal injection in death penalty cases to quickly restart the death chamber with the execution of William Earl Lynd last May 6.

Jack Alderman, who has been on Georgia’s death row for over 33 years after being found guilty of killing his wife, was executed on Sept. 16. Alderman’s trial also took place in Chatham County. Only the testimony of John Brown, who admitted killing Barbara Alderman, connects Jack to her murder. Brown, who originally was also sentenced to death, was released after serving 12 years. In 1985, Alderman refused to plead guilty in exchange for a life sentence, saying he was innocent. The Pardons and Parole Board had refused to even allow Alderman’s lawyers an opportunity to plead for his life.

For more information about how you can support Davis, please go to www.gfadp.org or www.amnestyusa.org/troydavis.