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Fabrizio
September 21st, 2011, 11:31 AM
oh boy indeed.

BTW, I agree with you on the Troy Davis case, and if you started a thread about it, I would bet most US respondents would agree as well. Maybe you can learn something from them.


If you notice I have made no judgements on Troy Davis' innocence or guilt. I haven't studied the case.

My posts (2) do not even discuss his case and I offer no opinions about it, except "it's the tip of a very big iceberg".

I did post about it as a reminder about (the reported) lack of evidence, lack of credible witnesses and reasonable doubt.

And as a counterpoint to the "it could never happen here " posts.

Take from it what you will.

And if you want to start a thread about him ...well, why not?

But like most of you, I have little interest in the case.

I just somehow doubt the thread will get much traction.

Fabrizio
September 21st, 2011, 04:57 PM
Re: Troy Davis.

I really have to laugh (what else can you do). Take a look at this gem of a quote from today's NYTimes:

"But in June, a federal district judge in Savannah said Mr. Davis’s legal team had failed to demonstrate his innocence, setting the stage for the new date."

LOL.

Could you IMAGINE if this had been the quote:

"But in June, a federal district judge in Perugia said Ms. Knox's legal team had failed to demonstrate her innocence..."

Jesus Christ.

http://www.nytimes.com/2011/09/21/us/troy-davis-is-denied-clemency-in-georgia.html

lofter1
September 21st, 2011, 09:06 PM
btw: Tonight the State of Georgia has put the Troy Davis execution on hold while the case is considered by the State and the US Supreme Court.

dougm
September 21st, 2011, 11:35 PM
Apparently that changed, because I just read he was executed tonight.

lofter1
September 22nd, 2011, 12:24 AM
Yep, delayed the execution for 4 hours. Then we killed him.

ZippyTheChimp
September 22nd, 2011, 12:57 AM
Posts moved from Amanda Knox thread

ZippyTheChimp
September 22nd, 2011, 01:17 AM
To clear up an error:


Re: Troy Davis.

I really have to laugh (what else can you do). Take a look at this gem of a quote from today's NYTimes:

"But in June, a federal district judge in Savannah said Mr. Davis’s legal team had failed to demonstrate his innocence, setting the stage for the new date."

LOL.

Could you IMAGINE if this had been the quote:

"But in June, a federal district judge in Perugia said Ms. Knox's legal team had failed to demonstrate her innocence..."

Jesus Christ.

http://www.nytimes.com/2011/09/21/us/troy-davis-is-denied-clemency-in-georgia.htmlThe constitutional argument that Diocletian mentioned in the Knox thread is called a substantive claim of innocence. It has nothing to do with a trial proceeding. The above comparison is meaningless.

Merry
September 22nd, 2011, 06:02 AM
Yep, delayed the execution for 4 hours. Then we killed him.

And after TWENTY YEARS.

Unconscionably obscene and sickeningly pointless.

WTF happened to reasonable doubt? If there hadn't been any, surely the sentence should have been carried out in 1991, not 2011.

Yeah, I know, it's not that simple, but for the death penalty to have any credibility at all as an appropriate form of punishment, surely it should, and could, be?

(That said, I still totally oppose the death penalty. IMO, it is NOT appropriate. EVER.)

Ninjahedge
September 22nd, 2011, 08:42 AM
Actually Merry, being unfamiliar with the case, I can see where they did proceed with the sentence. (Strictly speaking, there might still been enough to uphold the original conviction. If the 7 that recanted were not integral to the conviction, kind of "Yeah, he did it" people, then removing them from the case might not be pivotal).

OTOH, the way that, after 20 years, that the parents are still bitter and calling for "justice served" is just sad.

No matter how much we say we are evolved, we seem to have this primordial viciousness that refuses to die. Eye for an eye, blood for blood, no matter who is really "at fault" or what the end result may be.

BBMW
September 22nd, 2011, 10:23 AM
Before conviction, the gov't has the burden of proving guilt beyond reasonable doubt. Once convicted, the burden of proof transfers to the convict making tha appeal. There's nothing wrong with that.

All I can say about the Troy Davis case is that it had been reviewed by numerous courts and other legal entities (ie the Georgia Pardons Board.) None of them, who had the ability to investigate, supoena witnesses, etc., either vacated the conviction or commuted the sentance. To me that says something about the actual strength of the case that the media doesn't want to acknowledge.

Also, I will note that one of the murderers in the Jasper, TX dragging murder case was executed yesterday. I'm not hearing any protests about that.


Re: Troy Davis.

I really have to laugh (what else can you do). Take a look at this gem of a quote from today's NYTimes:

"But in June, a federal district judge in Savannah said Mr. Davis’s legal team had failed to demonstrate his innocence, setting the stage for the new date."

LOL.

Could you IMAGINE if this had been the quote:

"But in June, a federal district judge in Perugia said Ms. Knox's legal team had failed to demonstrate her innocence..."

Jesus Christ.

http://www.nytimes.com/2011/09/21/us/troy-davis-is-denied-clemency-in-georgia.html

eddhead
September 22nd, 2011, 10:35 AM
Before conviction, the gov't has the burden of proving guilt beyond reasonable doubt. Once convicted, the burden of proof transfers to the convict making tha appeal. There's nothing wrong with that.

I am not an attorney, but it seems to me that the standard for appeal should be based on a reason to question evidence or witnesses that influenced the original verdict. In this case, 7 witnesses who testitifed against Davis recanted their testimony. If these 7 witnesses were instrumental the guilty verdict, one would think a new trial would have been warranted. I am not saying that is how it is (frankly, I don't know), but that is how it should be.


All I can say about the Troy Davis case is that it had been reviewed by numerous courts and other legal entities (ie the Georgia Pardons Board.) None of them, who had the ability to investigate, supoena witnesses, etc., either vacated the conviction or commuted the sentance. To me that says something about the actual strength of the case that the media doesn't want to acknowledge.

Suggesting he must be guilty because numerous courts or legal entities failed to vacate the sentenace is weak. The sentance is almost always not vacated, especially it seems in the south. I do not know much about this particular case, but the whole appeals process seems flawed to me.

Also, I will note that one of the murderers in the Jasper, TX dragging murder case was executed yesterday. I'm not hearing any protests about that.[/QUOTE]

eddhead
September 22nd, 2011, 11:27 AM
I don't understand why the appeal process required he establish his innoncence. According to this Fox News article seemed to be specific to this case (http://www.foxnews.com/us/2011/09/22/troy-davis-executed-supporters-claim-injustice/) and is not the normal benchmark to vacate a verdict.

Again, I am not an attorney, but it seems to me that if his team could reasonably challange the evidence and witnesses that lead to his conclusion, a reasonable appeal process would lead to a new trial. In this case, 7 witnesses recanted their testimonly, and several jurors indicated they should have voted the other way. I would not want that on my head.

------------------------------------------------------------------------

Troy Davis Executed After Stay Denied by Supreme Court

Supreme Court Delayed Execution of Troy Davis, but Ultimately Denied a Stay

By COLLEEN CURRY and MICHAEL S. JAMESSept. 21, 2011—

Troy Davis was executed this evening for the murder of an off-duty policeman after the U.S. Supreme Court denied a last-minute stay of execution amid widespread public doubts about his guilt.

Davis, 42, died at 11:08 p.m. ET, according to a Georgia Department of Corrections official. His death by lethal injection came after an approximately four-hour delay for legal review.

Eyewitnesses described the mood in the execution chamber as "somber" as Davis was wheeled in strapped to a gurney. He declared his innocence a final time in the 1989 murder as witnesses and relatives of the victim -- off-duty Savannah, Ga., policeman Mark MacPhail -- looked on.

"I'd like to address the MacPhail family," Davis said, according to The Associated Press. "Let you know, despite the situation you are in, I'm not the one who personally killed your son, your father, your brother. I am innocent.

"The incident that happened that night is not my fault," he added. "I did not have a gun. All I can ask ... is that you look deeper into this case so that you really can finally see the truth.

"I ask my family and friends to continue to fight this fight," he said. "For those about to take my life, God have mercy on your souls. And may God bless your souls."

Witnesses said Davis' eyes fluttered as he received his first injection and lost consciousness, and that the entire process of lethal injection lasted about 15 minutes.

"Justice has been served for Officer Mark MacPhail and his family," state Attorney General Sam Olens said in a statement.

Joan MacPhail-Harris, the widow of Mark MacPhail, told The Associated Press that "it's a time for healing" now that Davis' execution has occurred, that she saw "nothing to rejoice" over in Davis' death and that she was praying for his family.

"I will grieve for the Davis family because now they're going to understand our pain and our hurt," she told the AP in a telephone interview from Jackson.

"I'm kind of numb. I can't believe that it's really happened," MacPhail's mother, Anneliese MacPhail, told the AP in a telephone interview from her home in Columbus, Ga. "All the feelings of relief and peace I've been waiting for all these years, they will come later. I certainly do want some peace."

Members of the MacPhail family are convinced Davis was guilty, but many other observers are not.

Davis had his execution stayed four times over the course of his 22 years on death row, but multiple legal appeals during that time failed to prove his innocencePublic support grew for Davis based on the recanted testimony of seven witnesses from his trial and the possible confession of another suspect, which his defense team claimed cast too much doubt on Davis' guilt to follow through with an execution.

A growing tide of celebrities, politicians and social media users called for the execution to be delayed because of "too much doubt" present in his case.

Up to and beyond the moments of execution, the criticism continued. "Strange Fruit," a classic song about lynching, trended on Twitter, celebrities tweeted their disapproval and, after it was over, an Amnesty International official released a written statement condemning the execution.

"Killing a man under this enormous cloud of doubt is horrific and amounts to a catastrophic failure of the justice system," said Larry Cox, executive director of Amnesty International AIUSA. "Our hearts are heavy, but we have not lost our spirit of defiance. Millions of people around the world now know of Troy Davis and see the fallibility of the U.S. justice system."

The execution was delayed more than four hours as the U.S. Supreme Court weighed last-minute arguments from Davis' legal team and the state of Georgia over whether his execution should be blocked.

The court's decision to deny the stay came without comment after 10 p.m. ET.

Troy Davis Backers in Frantic Last Minute Efforts to Stop Execution

At 7:05 p.m. ET, five minutes after his scheduled death, Davis' supporters erupted in cheers, hugs and tears outside the jail in Jackson, Ga., as supporters believed Davis had been saved from the death penalty. But Davis was granted only a temporary reprieve as the Supreme Court considered the decision.

At a protest in front of the White House today, at least 12 Howard University students were arrested for failing to move off the White House sidewalk, according to ABC News affiliate WJLA (http://www.wjla.com/articles/2011/09/georgia-inmate-troy-davis-wants-polygraph-before-execution--66844.html). The protest there was expected to last until 7 p.m.


A flurry of messages on Twitter using the hashtags #TroyDavis and #TooMuchDoubt showed thousands of supporters of Davis were intent on flooding the Jackson District Attorney's Office, Georgia Judge Penny Freezeman's office, and the U.S. Attorney General's Office with phone calls and e-mails to beg for a stay on the execution.

Some users accused Twitter of blocking the topic from trending on Tuesday, though a representative from Twitter told ABC News there was no such action taken. The hashtags were trending today in cities around the U.S. as well as Germany, the U.K., Sweden and France. Many tweets called the case a symbol of a return to Jim Crow laws and racial inequalities in the justice system.

Big Boi, a member of the group Outkast, tweeted to his followers to go to the Georgia state prison in Jackson to protest the decision. The Roots' Questlove tweeted a similar message.

The NAACP and the Revs. Al Sharpton and Jesse Jackson held a news conference today calling for the execution to be halted.

Amnesty International, which has been fighting on behalf of Davis, encouraged supporters to attend a vigil at the church across the street from the prison at 5:30 p.m. and a protest at 6 p.m., and asked participants to wear a black armband and write on it, "Not in my name!"

Wendy Gozen Brown, a spokeswoman for Amnesty International, said that Davis would want the protests to remain peaceful.
"In this type of situation, there's always the potential for it to go awry, with certain groups, angry rhetoric," Brown said. "But Troy Davis would want people to keep fighting peacefully, for him and for, as he would put it, all of the other Troy Davises out there."
Others who have voiced support for Davis include former President Jimmy Carter, the pope and a former FBI director.

Davis's execution was stayed four times for appeals since his conviction in 1991, and the Supreme Court gave him a rare chance to prove his innocence last year, but rejected his plea.

A Georgia board of pardons and paroles rejected Davis's plea for clemency on Tuesday.
ABC News' Arianne de Vogue and Steve Osunsami and The Associated Press contributed to this report.

http://abcnews.go.com/print?id=14571862

Copyright © 2011 ABC News Internet Ventures

lofter1
September 22nd, 2011, 11:37 AM
How does it serve society to kill those who are convicted, no matter the crime?

Morally it makes no sense. And even less financially.

lofter1
September 22nd, 2011, 11:41 AM
Clearly the SCOTUS had something to talk over yesterday evening. The four hour delay indicates it wasn't just idle chatter. I was hoping (foolishly) for a wide-ranging ruling, ending the practice of Capital Punishment.

Perhaps someone on the inside will give a written account of what the Justices were discussing. We'd all be the better off if given that information.

eddhead
September 22nd, 2011, 11:41 AM
Includes commentary on the judge's requirement for the defense to provide clear and compellng proof of his innocence. Despite BBMW's claims otherwise, this is a test that is beyond the normal course for appeals; i.e. is specific to this case alone.

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http://blogs-images.forbes.com/erikkain/files/2011/09/slide_190746_361603_large_thumb.jpghttp://www.forbes.com/sites/erikkain/2011/09/15/the-innocence-of-troy-davis/


The Innocence of Troy Davis

John Rudolf has a long piece up (http://www.huffingtonpost.com/2011/09/15/troy-davis-execution-william-sessions_n_963366.html) on Troy Davis in the Huffington Post. Davis was convicted in 1991 for the shooting death of a Georgia policeman. Since then, many doubts have been raised about the case and the way it was handled by police and prosecutors:
Since the original trial in 1991, seven of nine prosecution witnesses that linked Davis to the shooting have either recanted or materially altered the stories they told the jury, but Davis’ attempts to secure a retrial have been persistently rebuffed by state and federal courts.

In an extraordinary hearing in June 2010 ordered by the U.S. Supreme Court, Davis’ attorneys were finally allowed to present evidence of his innocence to a federal judge. In statement after statement, witnesses from the original trial avowed that they had been coerced by police to implicate Davis in the shooting or had lied in order to secure lenience for their own troubles with the law.


This is a serious problem with eyewitness testimony, and especially with using criminals as witnesses who might cut deals of their own to conform their testimony to what police and prosecutors want to hear. Unfortunately for Davis, the judge overseeing the case – William T Moore Jr. – demanded that the defense provide “clear and compelling” proof of Davis’s innocence. Proving that the state was negligent in making its case, proving that there is a serious reasonable doubt about Davis’s guilt, these are apparently not enough. This strikes me as a pretty high threshold given that for a jury to convict there should evidence beyond a shadow of a doubt that the defendant is guilty.

The holes in the prosecution’s case against Davis are pretty deep:

At the original trial, for instance, several eyewitnesses that prosecutors used to identify Davis as the shooter had actually seen pictures identifying him as a suspect before being asked to select the shooter from an array of photos, according to Moore’s 172-page decision. Another key eyewitness originally told police that he had not seen the shooter’s face; at the trial, two years later, he told the jury he was confident Davis was the killer.


I’ve written about the problems with eyewitness testimony before (http://www.forbes.com/sites/erikkain/2011/08/26/new-jersey-ruling-calls-into-question-eyewitness-testimony/). Suffice to say, people are lousy witnesses most of the time, but it gets much worse at night, in a chaotic situation, or when bad incentives like leniency toward criminals are introduced into the mix. The state’s case against Davis is flimsy. It fell apart years ago. As Bob Barr rightly phrased it (http://savannahnow.com/column/2011-09-14/barr-troy-davis-merits-clemency#.TnFZDE8lh88), “imposing an irreversible sentence of death on the skimpiest of evidence will not serve the interest of justice.”

ZippyTheChimp
September 22nd, 2011, 11:57 AM
Before conviction, the gov't has the burden of proving guilt beyond reasonable doubt. Once convicted, the burden of proof transfers to the convict making tha appeal. There's nothing wrong with that.The issue here is - even if you accept the appropriateness of the death penalty - the standard by which it's applied. It should be at the level of certainty.

The force of the protests is about the death penalty, and it's better to have an innocent as the central figure; but that seems to confuse any discussion. I've read statements by the sister of Troy Davis that the brother she knows would not have done this. But Davis was also convicted of another shooting earlier that evening.

Important names:
Troy Davis
Redd Coles
Michael Cooper
Larry Young

Also:
Cloverdale
White shirt
Yellow shirt

This account was copied from the petition for writ of habeas corpus in US District Court, Savannah, GA:

This case involves the shooting of Savannah Police Department ("SPD") Officer Mark Allen MacPhail. In the early hours of August 19, 1989, Officer MacPhail was working a parttime security job when he came to the assistance of a homeless man, whom had been assaulted in the parking lot of a Burger King restaurant. As Officer MacPhajl neared the commotion, one of the three men responsible for the assault gunned him down.

An earlier shooting at a party in the Cloverdale neighborhood of Savannah also plays a role in this case. Here, an individual shot at a car as it was leaving the party,
striking one of its occupants in the face. Because this case centers on eyewitness testimony, the Court presents the facts in the manner in which they were provided by those who witnessed these events.

I. THE INVESTIGATIONS

At 11:29 p.m. on August 18, 1989, the SPD received a 911 call from a resident in the Cloverdale neighborhood informing them that several shots had been fired. (Resp. Ex. 30, Disk 1 at 00:14.) The police received several more reports of gunfire, and an officer was dispatched to investigate. At 12:17 a.m. on August 19, 1989, an officer was informed that a local hospital had admitted Mr. Michael Cooper to treat a gunshot wound he received in the Cloverdale neighborhood. (Id. at 03:37,09:12.) The police visited Mr. Cooper in the hospital and obtained a description of the shooter: a young, tall, African-American male wearing a white batman shirt, a black hat, and shorts. (Id. at 11:01.)

At 1:09 a.m. on August 19, 2010, the SPD received a 911 call from an employee at the Thunderbird Inn, located across the Street from the Burger King on Oglethorpe Avenue.3 (Id. at 22:56.) The caller informed the police that an individual had been shot in the Burger King parking lot and that she saw two African-American males running from the scene in the direction of the Trust Company Bank building. One minute later, the SPD received another 911 call informing the police that the shooting victim was a police officer. (Id. at 24:13.) At 1:16 a.m., the SPD received a second call from the Thunderbird employee, informing them that she saw two men run from the Burger King parking lot towards the Trust Company Bank building, that both were wearing shorts, and that one was wearing a tank top tshirt. (Id. at 30:38.) The caller did not identify the color of the shorts or the tank top. The limited description was quickly relayed to the responding officers, who immediately began searching for similarly dressed individuals. (Id. at 38:03.) Meanwhile, the officers at the scene secured the area and began interviewing potential witnesses. (Resp. Ex. 30 at 13-14.) The following relevant witness statements were secured during the investigations.


A. Harriett Murray's First Statement

At 2:27 a.m. on August 19, 1989, Ms. Harriett Murray provided the police with a statement concerning the MacPhail shooting. (Pet. Ex. 32-U at 1.) In the early hours of August 19, 1989, Ms. Murray was sitting in front of the Burger King restaurant with Mr. Larry Young. (Id.) Mr. Young went to the nearby convenience store to purchase cigarettes and beer. (Id.) While Mr. Young was returning from the store to the Burger King parking lot, Ms. Murray noticed that he was arguing with another individual, who was following him. (Id.) Ms. Murray also noticed two other individuals, approaching from the direction of the Trust Company Bank building, who were following Mr. Young.

Walking away from the individuals, Mr. Young repeatedly told the group that he was not going to fight them. (Id.) Ms. Murray heard one individual tell Mr. Young not to walk away and threaten to shoot him. (Id.) The individual then started digging down his shirt. (Id.) As the three individuals converged on Mr. Young, one produced a gun. (Id.) Unaware of the weapon, Mr. Young continued to walk away from the trio. (Id.) As Mr. Young approached a van parked at the Burger King drive-through window, the armed individual struck Mr. Young in the head with what Ms. Murray believed was the butt of the weapon. (Id. at 1-2.) Mr. Young then fled toward the drivethrough window, and began beating on the van and the window, asking for someone to call the police. (Id. at I.)

Next, Ms. Murray observed a police officer approaching the three individuals, who were now fleeing, telling them to 'hold it." (Id. at 1-2.) As the officer closed to within five feet, the individual with the firearm turned and aimed the weapon at the officer. (Id. at 2.) The weapon did not discharge when the individual first pulled the trigger. (Id.) As the officer reached for his gun, the individual shot him in the face. Wounded, the officer fell to the ground, at which point the gunman fired two or three additional rounds at the officer and then continued running. (Id.) Ms. Murray then found Mr. Young and assisted him in tending to his head wound.

Ms. Murray described the gunman as having medium-colored skin with a narrow face, high cheekbones, and a fade-away haircut. (Id.) She estimated him to be between twenty-four to thirty years old, four inches taller than the officer, and approximately one hundred and thirty pounds. (Id.) Ms. Murray recalls the gunman as wearing a white shirt and dark colored pants.




B. Larry Young

At 3:10 a.m. on August 19, 1989, the police obtained a statement from Mr. Young concerning the MacPhai]. shooting. (Pet. Ex. 32-N at 1.) Mr. Young informed the police that, during the early hours of August 19, 1989, he was sitting in the Burger King parking lot drinking beer with his girlfriend, Ms. Murray. (Id. at 2.) When the couple drank their last beer, Mr. Young went to the Time-Saver4 convenience store to get more beer. (Id.) As Mr. Young was returning, an African-American male wearing a yellow t-shirt began asking him for one of the beers that Mr. Young just purchased. (Id. at 2, 5.) When Mr. Young informed the individual that he could not have a beer, the individual began using foul language toward Mr. Young. (Id. at 2.) As Mr. Young continued walking back toward the Burger King, the individual in the yellow t-shirt followed him, continuing the verbal altercation. (Id.) As he approached the Burger King parking lot, Mr. Young noticed a second African-American male slipping through the fence separating the convenience store parking lot from the Trust Company Bank property. (Id.) Soon, Mr. Young realized that he was being followed by a third individual. (Id.) As Mr. Young entered the Burger King parking lot, he observed Ms. Murray and two gentlemen sitting with her quickly get up and flee the area. (Id.) Mr. Young now realized that he was cornered and resumed arguing with the individual in the yellow t-shirt. (Id.) As Mr. Young was focused on the individual in the yellow t-shirt, he was hit in the head by a second person. (Id. at 2-3.) A stunned and fearful Mr. Young ran toward the Burger King drive-through window, seeking help. (Id. at 3.) When he was at the window, Mr. Young heard one gunshot, which caused him to duck for cover behind a van waiting
at the window. (Id. at 8.) Eventually, he ran to the building's front entrance and entered the building. (Id. at 3..)

Mr. Young informed the police that the individual in the yellow t-shirt was around twenty to twenty-one years old, five feet nine inches tall, and one hundred and fifty-eight pounds. (Id. at 5-6.) The individual had short hair, no facial hair, and lighter brown skin. (Id. at 6.) When describing his clothes, Mr. Young stated that the yellow t-shirt was a tank-top and that the individual was wearing "lam" pants. (Id.) Mr. Young stated that he definitely recognized the individual in the yellow t-shirt.

Mr. Young described the individual who assaulted him as about twenty-two to twenty-three years old, five feet eleven inches tall, and one hundred and seventy-two pounds. (Id. at 7.) Mr. Young could not remember the individual's facial features or skin color (Id.), but believed that he might be able to recognize him if he saw him again (Id. at 5). He did state that the individual was wearing a white hat and a white t-shirt with "some kind of print on it." (Id. at 7.) Mr. Young could not remember anything about the third individual because that person was only in the background and was not directly involved in the altercation.


C. Antoine Williams

At 3:22 a.m. on August 19, 1989, the police took a statement from Mr. Antoine Williams concerning the MacPhail shooting. (Pet. Ex. 32-00 at 1.) At about 1:00 a.m. that morning, Mr. Williams was pulling into the Burger King parking lot to begin his shift at the restaurant. (Id.) As he was parking, he noticed three men following one individual, who was walking across Fahm Street toward the Burger King parking lot. (Id.) As they drew closer, Mr. Williams could tell that two of the individuals were arguing. (Id.) He overheard the individual being followed say that he did not want to fight anyone and that the three others should go back to where they
were. (Id.) As the group came between his car and the drivethrough window, one of the individuals ran up and slapped the man being followed in the head with a gun. When Mr. Williams looked the other way, he saw a police officer coming from behind a van waiting at the Burger King drive-through window. (Id.) The officer was running towards the individual with the firearm. (Id.) The two unarmed individuals were already running away, and the individual with the gun was trying to stick it back in his pants. (Id.) According to Mr. Williams, the assailant appeared to panic as the officer was approaching and he was unable to conceal the gun. (Id. at 1-2.) When the officer closed to within approximately fifteen feet, the assailant turned and shot the officer. (Id.) After falling to the ground, it appeared that the officer was trying to regain his footing when the gunman shot him three more times. (Id. at 2.) After firing the fourth shot, the gunman fled from the scene.

Mr. Williams described the gunman as approximately twenty to twenty-three years old, six feet two inches to six feet four inches tall, and one hundred and eighty pounds. (Id.) Mr. Williams believed that the gunman was wearing a blue or white tshirt, and dark jeans. (Id.) He explained that the dark shade of tint on his car's windows may have affected his ability to distinguish the exact color of the gunman's t-shirt. (Id. at 23.) Mr. Williams then described the gun used in the shooting as
a rusty, brownish colored revolver. (Id. at 3.) Mr. Williams did state that he believed he could identify the gunman if he saw him again. (Id.) When asked to describe the other three individuals, Mr. Williams could not provide any details because he was focused on the gunman.


D. Dorothy Ferrell's First Statement

At 4:14 a.m. on August 19, 1989, Ms. Dorothy Ferrell provided a statement to the police concerning the MacPhail shooting. (Pet. Ex. 32-Y at 1.) Ms. Ferrell informed the police that, during the early hours of August 19, 1989, she was descending the stairs at the Thunderbird Inn, located directly across Oglethorpe Avenue from the Burger King, when she saw a bloodied individual in the Burger King parking lot. (Id.) Next, Ms. Ferrell observed a police officer walk across the parking lot, yelling at a group of people. (Id.) While two of the individuals fled, one reached into his shorts, produced a firearm, and shot the officer. (Id.) The wounded officer fell to the ground, at which point the gunman fired three additional shots and then fled the scene.

Ms. Ferrell also recalls that, at around 6:00 p.m. on August 18, 1989, the same officer directed the gunman to leave the Burger King property. (Id.) The gunman was wearing the same clothes during both incidents—a white t-shirt with writing, dark colored shorts, and a white hat. (Id. at 1-2.) She described the shooter as approximately six feet tall with a slender build and medium-light colored skin. (id. at 2.) Ms. Ferrell was pretty sure that she could identify the gunman if she saw him again.

Complete document here: http://multimedia.savannahnow.com/media/pdfs/DavisRuling082410.pdf

I haven't found any reports to the matter, but the two shootings were linked to the same handgun by analysis of shell casings found at both scenes.

Both Coles and Davis were at the murder scene. Each took the stand and accused the other.

Daquan13
September 22nd, 2011, 12:20 PM
After weighing everything out, I've begun to feel that he was innocent.

And I'm so surprised or maybe even not surprised at all, that the State of Georgia seemed so quick to ice the guy.

I mean, the guy was alive for 22 years after the murder, and they just friggen couldn't wait a little bit longer, like maybe another week or even a month?! He could have at least gotten an apeal for a retrial to prove his innocence. I don't condone innocent people being shot down, but I also don't like it when immates are put to death.

What if it comes down later on that the guy actually WAS innocent and that he was telling the truth? Then what? "Oh, we are so sorry that an innocent man was executed. We deeply apoligise to the family and we are deeply saddened by their loss of a loved one." Sorry won't bring him back. I'm not buying it.

BBMW
September 22nd, 2011, 01:24 PM
So you can lock someone up for life without under reasonable doubt, but you need certainty to execute them? Sorry, don't buy it. Either they're guilty or not guilty. The standards have to be the same.

In point of fact, if you're falsely convicted of murder, you're better off getting a death sentence, since that will put more people, resources, and access behind your appeals. If Troy Davis had been given life (and especially if it wasn't life without), we'd never have heard of him, guilty or innocent.


The issue here is - even if you accept the appropriateness of the death penalty - the standard by which it's applied. It should be at the level of certainty..

ZippyTheChimp
September 22nd, 2011, 01:39 PM
So you can lock someone up for life without under reasonable doubt, but you need certainty to execute them? Sorry, don't buy it. Either they're guilty or not guilty. The standards have to be the same.Why do the standards have to be the same?

Are the sentences the same? Or is one reversible?


In point of fact, if you're falsely convicted of murder, you're better off getting a death sentence, since that will put more people, resources, and access behind your appeals.This is a ridiculous argument that you'll never read in any legal document; only hear it in bars. The reason there are more resources, the reason that a person convicted to death gets an automatic appeal whether he wants it or not, is because of the irreversibility of an execution.

If that irreversibility is recognized in the appeal process, than it should also be recognized in the standard for proof.

eddhead
September 22nd, 2011, 01:43 PM
So you can lock someone up for life without under reasonable doubt, but you need certainty to execute them? Sorry, don't buy it. Either they're guilty or not guilty. The standards have to be the same.

I am not even sure they met the standard of reasonable doubt in this instance. 7 of 9 witnessess recanted, and one of the others is an alternative suspect. Several of the jurors indicated they were swayed byt those witnesses and should have voted the other way.

ZippyTheChimp
September 22nd, 2011, 02:01 PM
What did those seven witnesses actually say? None of them testified under subpoena.

eddhead
September 22nd, 2011, 02:05 PM
According to this article http://www.ajc.com/news/then-and-now-witnesses-556214.html

several did indeed testify at trial. You will find there comments there as well.

eddhead
September 22nd, 2011, 02:17 PM
Here is another article from the AJC subtantiating witness accounts
http://www.ajc.com/news/atlanta/witnesses-back-off-testimony-555778.html

Daquan13
September 22nd, 2011, 02:44 PM
So you can lock someone up for life without under reasonable doubt, but you need certainty to execute them? Sorry, don't buy it. Either they're guilty or not guilty. The standards have to be the same.

In point of fact, if you're falsely convicted of murder, you're better off getting a death sentence, since that will put more people, resources, and access behind your appeals. If Troy Davis had been given life (and especially if it wasn't life without), we'd never have heard of him, guilty or innocent.




Never once did I say that he should be locked up for life. Obviously, if I feel that he was innocent, and I do, then I'd also feel that he should be freed.

You know full well yourself, that for anyone who is placed on death row as the proscution suggests, that it is the job and burden of proof of the proscution that has to have and is supposed to have solid concrete evidence placing the suspect at the scene of the crime.

You say that if Troy was given life, that we'd never hear from him again? Well, Charles Manson was given LIP, but every now & then we hear of him trying to get out on parole. Fortunately, everytime it does, he's denied. He conspired to create and has created mass murder.

People can be falsely convicted of a crime and be given life as well. Case in point; Donnell Johnson, a resident of Boston, who was arrested, tried and convicted of a murder - one that he did not commit, but it was only because of mistaken identidy. He LOOKED like the real suspect, and that is all the Boston Police went by but he wasn't the actual suspect. The police had withheld vital info that could have set him free. He WAS eventually let go, but not before he was forced to serve five years in prison.

Youre right though. Troy DID have thousands of people ralleying behind him, but still, it didn't save him.

Ninjahedge
September 22nd, 2011, 03:08 PM
So what you are saying is that if it wasn't for the death sentence, Troy wold not have gotten thousands of people to mourn his death?


How lucky!

Daquan13
September 22nd, 2011, 03:16 PM
I'm not saying that either.

Whenever a person is convicted of a crime and sentensed, then regardless of the length of time imposed, it almost always generates scorn, ridicule and opposition coming from many of those who are supporting the accused and slamming the prosecution. And that could be an untold amount.

Daquan13
September 22nd, 2011, 03:48 PM
Ga. execution leaves debate over guilt unresolvedhttp://por-img.cimcontent.net/api/assets/bin-201109/13af-APTOPIX-Georgia-Execution.jpg Anti-death penalty protester is helped off the ground after hearing about a delay of the e...

By GREG BLUESTEIN, AP
Thu Sep 22, 3:32 PM EDT

Georgia's execution of Troy Davis for the murder of an off-duty police officer has done little to resolve the debate over his guilt that captured the attention of thousands worldwide, including a former president and the pope.

Davis remained defiant even after he was strapped to a gurney Wednesday night in the state's death chamber, declaring his innocence and urging the victim's family to continue searching for the truth.

"I ask my family and friends to continue to fight this fight," Davis said in his final statement.

Demonstrators wept during a candlelight vigil outside the prison. High-profile figures, including former President Jimmy Carter, said there was too much doubt surrounding Davis' conviction and that his execution called the entire death penalty system into question.

Relatives of the slain officer, Mark MacPhail, said the execution marked an end to years of legal turmoil and rejected his claims of innocence.
"He's been telling himself that for 22 years. You know how it is, he can talk himself into anything," said the officer's mother, Anneliese MacPhail.
Davis had been convicted of MacPhail's 1989 killing. Prosecutors said Davis was pistol-whipping a homeless man after asking him for a beer when MacPhail, who was working as a security guard at the time, rushed over to help. Authorities said Davis had a smirk on his face when he shot the officer in a Burger King parking lot in Savannah.

Witnesses placed Davis at the crime scene and identified him as the shooter, but seven of nine key witnesses have recanted all or parts of their accounts. Some jurors have said they've changed their minds about his guilt. Others have claimed a man who was with Davis that night has told people he actually shot the officer, though state and federal judges have repeatedly ruled against him.

No gun was ever found, but prosecutors say shell casings were linked to an earlier shooting for which Davis was convicted.
Davis' execution had been halted three times since 2007. The U.S. Supreme Court even gave Davis an unusual opportunity to "clearly establish" his innocence in a lower court last year. But a lower court judge ruled that defense attorneys didn't meet that standard — a higher bar than is set for prosecutors in proving guilt.

While the nation's top court didn't hear the case, they did set a tough standard for Davis to exonerate himself, ruling that his attorneys must "clearly establish" Davis' innocence — a higher bar to meet than prosecutors having to prove guilt. After the hearing, a lower court judge ruled in prosecutors' favor, and the justices didn't take up the case.

On Wednesday night, his execution was again delayed as officials awaited word on whether the nation's high court would take up Davis' case. The justices ultimately declined without explaining the decision, clearing the way for Davis to be put to death shortly after 11 p.m.
Carter said he hoped the case led the nation to reject capital punishment.

"If one of our fellow citizens can be executed with so much doubt surrounding his guilt, then the death penalty system in our country is unjust and outdated," Carter said.

Other supporters included, Pope Benedict XVI, a former FBI director, the National Association for the Advancement of Colored People, several conservative figures and many celebrities.

Hundreds of thousands of people signed petitions on Davis' behalf. Supporters staged vigils in the U.S. and Europe, declaring "I am Troy Davis" on signs, T-shirts and the Internet. Some tried increasingly frenzied measures, urging prison workers to stay home and even posting a judge's phone number online. President Barack Obama, who could not have granted Davis clemency because it was a state case, deflected calls to get involved.
Dozens of protesters outside the White House called on the president to step in, and about 12 were arrested for disobeying police orders. Outside the U.S. Supreme Court and the Jackson prison where Davis was put to death, demonstrators chanted, "They say death row; we say hell no!" As many as 700 were outside the prison, though the crowd thinned as the night wore on and the outcome became clear.

For now, though, the nation's executions will carry on: Mere hours after Davis' execution, a judge signed a death warrant for another condemned inmate. And an Alabama inmate was set to be executed Thursday evening.

Davis remained upbeat and prayerful in his final hours, turning down an offer for a special last meal as he met with friends, family and supporters.
"Troy Davis has impacted the world," his sister Martina Correia said before the execution. "They say, `I am Troy Davis,' in languages he can't speak."

Officer MacPhail's widow, Joan MacPhail-Harris, said it was "a time for healing for all families."

"I will grieve for the Davis family because now they're going to understand our pain and our hurt," she said in a telephone interview from Jackson. "My prayers go out to them. I have been praying for them all these years. And I pray there will be some peace along the way for them."
___
Associated Press reporters Russ Bynum in Savannah, Ga.; Kate Brumback and Marina Hutchinson in Jackson, Ga.; Eric Tucker and Erica Werner in Washington and Sohrab Monemi in Paris contributed to this report.
___
Follow Bluestein at http://www.twitter.com/bluestein (http://www.twitter.com/bluestein).
Copyright 2011 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Ninjahedge
September 22nd, 2011, 03:54 PM
Daq, I was talkin' to BBMW.... ;)

BBMW
September 22nd, 2011, 04:09 PM
He wouldn't have had the legal support he had for his appeals, he wouldn't have gotting the appeals to be considered as seriously as they were.


So what you are saying is that if it wasn't for the death sentence, Troy wold not have gotten thousands of people to mourn his death?


How lucky!

Daquan13
September 22nd, 2011, 04:12 PM
Daq, I was talkin' to BBMW.... ;)







Also, the news report says that there was no DNA evidence and no gun was ever found that would have linked Davis to the murder. That to me, sounds like something is very fishy right there.

ZippyTheChimp
September 22nd, 2011, 04:21 PM
^
And BBMW was talking to me, not you.

Daquan13
September 22nd, 2011, 04:30 PM
Sorry, my bad.

MidtownGuy
September 22nd, 2011, 04:52 PM
I had a sick feeling in my stomach last night when I heard the execution went ahead. So many "witnesses" recanting their stories put more than enough reasonable doubt in my mind.

I'm almost always against the death penalty...certainly in cases like this. But it's hard for me to say "no matter what the crime". There are some serial killers, or cannibals who ate children they killed, or other such monsters, where I would not shed a tear or feign outrage at capital punishment. Albert Fish is one example that comes to mind. But for a case like this...no, never could I agree with the death penalty.

Ninjahedge
September 22nd, 2011, 05:25 PM
The problem being, until justice is omniscient, you will always make mistakes.

That being the case, you need to have MANY checks and balances to make sure.

THAT being the case, it costs more money for anyone NOT wanting to die to be killed by the state.

So aside from a few psychos that just wanna die, keeping them alive for another 40-50 years is cheaper than involving X number of people for Y days in all this legal stuff.

The only difference being, if someone is up for a crime that would warrant the death penalty, there should be NO hearings for parole or otherwise. They are IN for life. The only recourse they should have is if there is a change in the evidence that was presented or involved in the case (as with Troy). THEN they get another chance.

My opinion.

ZippyTheChimp
September 22nd, 2011, 05:33 PM
Lawrence Brewer left the planet last night.

Can't say I have a problem with that.

MidtownGuy
September 22nd, 2011, 06:18 PM
The problem being, until justice is omniscient, you will always make mistakes.
Yes, yes, yes...we know that....and when I said "There are some serial killers, or cannibals who ate children they killed", I was referring to the cases where it is known for certain who committed hideous multiple murders. Do you understand what I am saying, Ninjahedge? That the evidence must be beyond ANY doubt, not just reasonable doubt, and that indeed sometimes that situation does exist.

Daquan13
September 22nd, 2011, 09:14 PM
I was referring to the cases where it is known for certain who committed hideous multiple murders.

Do Sadam Hussain, Osama Binladen, Jeffrey Daulmer & Timothy McVay ring a bell?

These four have certainly killed or had scores of innocent people brutally punished & killed.

Ok, they were terrorists (Daulmer wasn't, but yet & still, he was a very sick demented monster), but still, they were the cause for multiple murders.

Then there are cases where only one person is involved. Even children themselves have ruthlessly killed innocent people, such as the Columbine School massacre.

MidtownGuy
September 22nd, 2011, 09:54 PM
Do Sadam Hussain, Osama Binladen, Jeffrey Daulmer & Timothy McVay ring a bell?

Should I shed a tear for any of those sick bastards? I hope they rot in hell. They should have made Christmas ornaments with Osama's balls and hung them from the tree at Rock Center.

Daquan13
September 22nd, 2011, 10:15 PM
No.

Please don't get me wrong. Let me try to explain it a little better.

You stated above in your post that you were refering to the cases where it is known for certain who commited hideous multiple murders.
And I was refering to Binladen and some of the others as an example.

But you're right, you should NEVER shed a tear for any of them. I wouldn't. And I would never even think or say that you should.

But they ARE amoung the ones who snuffed out the lives of many innocent people.

BBMW
September 24th, 2011, 08:50 PM
There are too many criminals who so richly deserve execution that it makes sense to keep it around The above mentioned killer in the Jasper, TX dragging murder, is a good example.

In point of fact, I'd federalize the crime of murder, and make capital punishment manditory. All the crimes that have been considered "midemeanor homicide" (one drug dealer killing another over turf that are usually pled down to a 10 year sentance, for example), would get the the doer executed. I'd give the defendents access to the resources to defend themselves (competent lawyers, forensics, etc.). But if convicted, they'd get one appeal to a circuit, one shot at the supremes, and that's it.


How does it serve society to kill those who are convicted, no matter the crime?

Morally it makes no sense. And even less financially.

ZippyTheChimp
September 24th, 2011, 08:59 PM
^
So you think all murder convictions get to the truth?

Do you spend much time in the real world?

scumonkey
September 24th, 2011, 09:24 PM
^
^
http://fromthefoothills.files.wordpress.com/2009/11/are-you-drinking-tea-or-kool-aid.jpg?w=500

MidtownGuy
September 24th, 2011, 09:31 PM
I'd federalize the crime of murder, and make capital punishment manditory.

wow! :eek:

BBMW
September 24th, 2011, 09:47 PM
I think the vast majority do. The ones that don't are usually a combination of incompetent/insufficent defense and prosecutorial misconduct. And if the former is sufficient it should be able to expose the latter. In the current system, to little is done at the original trial, and then there is a endless series of appeals. I'd put more into the original trial (and make the system more consistant by having all murder trials held at the federal level under federal law.)

If the issues is incorrect convictions, identify why these happen and fix the system. That's an entirely separate issue from whether a properly convicted murderer should be executed.


^
So you think all murder convictions get to the truth?

Do you spend much time in the real world?

MidtownGuy
September 24th, 2011, 09:53 PM
I don't think you can ever totally eliminate the mistakes when they happen, no matter the system. Nothing is perfect and even one innocent person put to death by the state is horribly unacceptable. That said, I do believe there are some cases proven without a doubt with overwhelming physical evidence and a crime that deserves the ultimate punishment, but the death penalty should be an extremely rare thing- certainly not the norm.

ZippyTheChimp
September 24th, 2011, 09:58 PM
I think the vast majority do."Vast majority" has no meaning.

So give us a number. How many innocent people are you comfortable with executing: 20%, 15%, 10%? Just trying to get an idea of what sort of society you want us to become.

And while you're at it, ask a judge what would happen to court calendars if every homicide was a capital offense.

BBMW
September 24th, 2011, 10:05 PM
How many innocent people are you willing to lock up for life? On the flip side, how many murderers do you want to put on the street to prevent an innocent man from being convicted.

As far as dealing with the court load, I'd create new courts at the federal district level, that would be designed to have the capacity to deal with the projected caseload.


"Vast majority" has no meaning.

So give us a number. How many innocent people are you comfortable with executing: 20%, 15%, 10%? Just trying to get an idea of what sort of society you want us to become.

And while you're at it, ask a judge what would happen to court calendars if every homicide was a capital offense.

ZippyTheChimp
September 24th, 2011, 10:30 PM
How many innocent people are you willing to lock up for life?Are you saying that executing innocent people is preferable to life imprisonment?


On the flip side, how many murderers do you want to put on the street to prevent an innocent man from being convicted.So you want to change a cornerstone of the US legal system. Use a wide net that might catch some of the innocent, but it's OK as long as you get all the guilty.

Like I said in my last post - just trying to get an idea of where you want us to go as a society. It's not pretty.


As far as dealing with the court load, I'd create new courts at the federal district level, that would be designed to have the capacity to deal with the projected caseload.You almost always post about cutting spending on just about everything, and now that I give you a difficult problem, your answer is to throw money at it.

Ninjahedge
September 26th, 2011, 08:41 AM
"Vast majority" has no meaning.

So give us a number. How many innocent people are you comfortable with executing: 20%, 15%, 10%? Just trying to get an idea of what sort of society you want us to become.

And while you're at it, ask a judge what would happen to court calendars if every homicide was a capital offense.

You mean like Russia going after those guys in the church with all those hostages?

Who cares that their tactic killed a few hostages, they got the rest out, right?

BTW, the one thing that ALWAYS gets me about this is all the "Catholics" that are so whole heartedly in support of the Death penalty.

Maybe some of these guys should actually READ what their prophet taught before they start declaring themselves one thing and practice another.

ZippyTheChimp
September 26th, 2011, 10:33 AM
And the argument about "putting murderers on the street" isn't supported by any data.

In homicide rate among states:

New Jersey ranks 29th
New York 30
Mass 39

Alabama 3rd
Georgia 10th
Florida 12th
Texas 22nd

eddhead
September 26th, 2011, 01:51 PM
I think the vast majority do. The ones that don't are usually a combination of incompetent/insufficent defense and prosecutorial misconduct. And if the former is sufficient it should be able to expose the latter. In the current system, to little is done at the original trial, and then there is a endless series of appeals. I'd put more into the original trial (and make the system more consistant by having all murder trials held at the federal level under federal law.)

If the issues is incorrect convictions, identify why these happen and fix the system. That's an entirely separate issue from whether a properly convicted murderer should be executed.

It must be nice to live in such a 'black and white' world; a place where there is nothing but right or wrong, guilt or innocence and where absolute certainty prevails. People are either productive or non-productive. If they are convicted of a crime, they must be guilty. If they are homeless or unemployed they are either lazy, mentally incompetent, or gaming the system. No shades of gray, no room for error. And if there is a small chance that society takes a punitive action as a result of an error, we'll just live with it.

What a great place to live. How did you find this place of certainty?


As far as dealing with the court load, I'd create new courts at the federal district level, that would be designed to have the capacity to deal with the projected caseload.

Quite a stretch for someone who is so concerned about shrinking the size of the Fed Govt.

lofter1
September 26th, 2011, 02:07 PM
Logic doesn't matter much when simply tossing out a list of "Things I Want" and the actual consequences aren't considered.

Daquan13
September 26th, 2011, 08:13 PM
In a South Carolina prison sixty-six years ago, guards walked a 14-year-old boy, bible tucked under his arm, to the electric chair. At 5' 1" and 95 pounds, the straps didn’t fit, and an electrode was too big for his leg.

The switch was pulled and the adult sized death mask fell from George Stinney’s face. Tears streamed from his eyes. Witnesses recoiled in horror as they watched the youngest person executed in the United States in the past century die.

Now, a community activist is fighting to clear Stinney’s name, saying the young boy couldn’t have killed two girls. George Frierson, a school board member and textile inspector, believes Stinney’s confession was coerced, and that his execution was just another injustice blacks suffered in Southern courtrooms in the first half of the 1900s.

In a couple of cases like Stinney’s, petitions are being made before parole boards and courts are being asked to overturn decisions made when society’s thumb was weighing the scales of justice against blacks. These requests are buoyed for the first time in generations by money, college degrees and sometimes clout.

“I hope we see more cases like this because it help brings a sense of closure. It’s symbolic,” said Howard University law professor Frank Wu. “It’s not just important for the individuals and their families. It’s important for the entire community. Not just for African Americans, but for whites and for our democracy as a whole. What these cases show is that it is possible to achieve justice.”

Some have already achieved justice. Earlier this year, syndicated radio host Tom Joyner successfully won a posthumous pardon for two great uncles who were executed in South Carolina.

A few years ago Lena Baker, a black Georgia maid sent to the electric chair for killing a white man, received a pardon after her family pointed out she likely killed the man because he was holding her against her will.

In the Stinney case, supporters want the state to admit that officials executed the wrong person in June 1944.

Stinney was accused of killing two white girls, 11 year old Betty June Binnicker and 8 year old
Mary Emma Thames, by beating them with a railroad spike then dragging their bodies to a ditch near Acolu, about five miles from Manning in central South Carolina. The girls were found a day after they disappeared following a massive manhunt. Stinney was arrested a few hours later, white men in suits taking him away. Because of the risk of a lynching, Stinney was kept at a jail 50 miles away in Columbia.

Stinney’s father, who had helped look for the girls, was fired immediately and ordered to leave his home and the sawmill where he worked. His family was told to leave town prior to the trial to avoid further retribution. An atmosphere of lynch mob hysteria hung over the courthouse. Without family visits, the 14 year old had to endure the trial and death alone.

Frierson hasn’t been able to get the case out of his head since, carrying around a thick binder of old newspaper stories and documents, including an account from an execution witness.

The sheriff at the time said Stinney admitted to the killings, but there is only his word — no written record of the confession has been found. A lawyer helping Frierson with the case figures threats of mob violence and not being able to see his parents rattled the seventh- grader.

Attorney Steve McKenzie said he has even heard one account that says detectives offered the boy ice cream once they were done.

“You’ve got to know he was going to say whatever they wanted him to say,” McKenzie said.

The court appointed Stinney an attorney — a tax commissioner preparing for a Statehouse run. In all, the trial — from jury selection to a sentence of death — lasted one day. Records indicate 1,000 people crammed the courthouse. Blacks weren’t allowed inside.

The defense called no witnesses and never filed an appeal. No one challenged the sheriff’s recollection of the confession.

“As an attorney, it just kind of haunted me, just the way the judicial system worked to this boy’s disadvantage or disfavor. It did not protect him,” said McKenzie, who is preparing court papers to ask a judge to reopen the case.

Stinney’s official court record contains less than two dozen pages, several of them arrest warrants. There is no transcript of the trial.

The lack of records, while not unusual, makes it harder for people trying to get these old convictions overturned, Wu said.

But these old cases also can have a common thread.

“Some of these cases are so egregious, so extreme that when you look at it, the prosecution really has no case either,” Wu said. “It’s apparent from what you can see that someone was railroaded.”

And sometimes, police under pressure by frightened citizens jumped to conclusions rather than conducting a thorough investigation, Wu said.

Bluffton Today - 'Crusaders look to right Jim Crow justice wrongs' by Jeffrey Collins.

Photo: South Carolina Department of Archives and History.


__________________________________

I never even knew that they DID such a thing back then as to execute young children! Horrible!!

Sadly, this boy is gone, but I truly hope that his name can be cleared of the wrongful injustice that he was forced to suffer and his life was snuffed out for!

Found this on Facebook, then Googled it. His pic appears below.

ZippyTheChimp
September 27th, 2011, 08:49 AM
Off topic. Drop it.