Friday, July 3, 2009

Benjamin Jealous on the Troy Davis Case

Head of the NAACP, Benjamin Jealous, on the Troy Davis case:
In late May I went to Georgia, where I met with Troy Anthony Davis on Death Row. He has been there for eighteen years, and I wanted to speak with him. I came away convinced that he represents the most compelling case of innocence in decades.

This week, the Supreme Court agreed to decide whether to hear the request for a writ of habeas corpus in Davis's case in September hopefully signaling a more careful review of his motion. The reality, though, is that the last time the Justices granted such a motion was 1925 and should the Supreme Court decline the request, the countdown to Davis's execution will begin. It is even more imperative that the Chatham County District Attorney, Larry Chisolm, act now to do the right thing, and move to reopen the case.

The case must be reopened for several reasons: Davis's conviction was based on the word of eyewitnesses. However, since 2001, seven of the nine witnesses recanted or contradicted their original testimony. Several said they were coerced by the police. No physical evidence was ever produced that tied Davis to the murder of Mark Allen MacPhail, a white off-duty Savannah police officer who was killed as he tried to break up a street fight. The gun used in the shooting was never found.

Second, there is abundant evidence supporting Davis's likely innocence but it has not been aired in court. Our legal system does not allow defendants the opportunity to present new evidence of their innocence after conviction. This intransigence on legal procedural matters is unconscionable when a life is on the line.

Read more: The Nation: Saving Troy Davis From Death Row : NPR
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