Around twenty years ago, a cop was gunned down in Savannah and Troy Davis was caught and convicted for the crime. Nineteen years old at the time, he was sentenced to die, and he has watched all this time pass - 1989 to today - from a small, bleak Death Row cell over in Georgia.
Teen Sent to Die Without Any Physical Evidence
Davis has consistently maintained he is innocent of this crime. Over the years, the evidence used against him has slipped away: 7 of the 9 witnesses who testified Davis did it have changed their minds and recanted their testimony. Oh, and there never was any physical evidence linking Troy Davis to the crime. It's all eyewitness testimony.
No gun. No bullets. No blood or bone or anything else to use DNA testing on - like they seem to always have in CSI or NCIS.
One of Two Remaining Un-recanting Witnesses Is Rumored to be the Real Killer
Meanwhile, there has been some witness identification of another man as being the shooter - a man who is still free, and has been free all the while that Troy Davis has lived his life behind bars. And, rumors have it that this shooter just happens to be one of the two remaining witnesses that pointed their fingers at Troy Davis and didn't recant later. Wow.
Why the Troy Davis Case?
We're visiting the Troy Davis case this week, because the U.S. Supreme Court isn't. The high court has just taken off on its summer vacation, and before they hung up their "gone fishing" sign, a clerk took the time to notify Davis's attorney that they'll get around to deciding his case when they come back to work in September.
Which means that Troy Davis, who has been through the wringer more than once already (he was two hours away from being executed in September 2008 when the U.S. Supreme Court stayed the killing), must wait some more.
The U.S. Supreme Court has Waffled
Last September, the U.S. Supreme Court halted Troy's execution. Then - less than two weeks later - the Supremes decided they wouldn't intervene, and released the hounds as it were for Georgia to proceed with the execution. The cavalry appeared in the form of a federal appeals court in Georgia, which granted a temporary stay of execution and let Davis have the chance to continue his appellate fight.
By its decision, the U.S. Supreme Court last fall was telling Georgia that it would not consider the legal issue of whether or not it is unconstitutional to impose the death penalty when new evidence has been brought forth that shows the inmate's innocence. (This doesn't seem like a hard question to answer, but they refused it anyway.)
With Troy Davis back before them, Georgia considered the possibility that there might be evidence that proved Davis to be innocent, and then denied his request for a new trial - but was nice enough to hold off on capital punishment to let Troy Davis return to the U.S. Supreme Court.
Oh. The Georgia Pardons and Parole Board held hearings, too, and even interviewed Davis and the witnesses all over again ...and then denied clemency. Don't know much about this Board, and apparently no one else does either. No records are made; their hearings aren't open to the public.
Davis is black, the cop was white - and Davis is asking for a new trial, not a free pass
Did I fail to mention before this that Davis is black, the cop was white? Well, some folk think this fact is important.
Did I fail to point out that all Troy Davis is asking for is just the chance to have a trial where this exculpatory evidence can be brought before a factfinder? He's not asking for mercy, he's asking for justice.
Troy Davis has some very big supporters in his corner. Like the Pope.
And lots of people think that Troy Davis deserves another trial, to have a chance to bring forth this new evidence. Over 60,000 U.S. citizens have signed a petition asking for just that ... and there's been a lot of public outcry as well, from some people that you may recognize, like:
1. The Pope. Yes, Pope Benedict XVI knows about Troy Davis's case.
2. The European Union. Yes, all 27 countries have cohesively offered their support.
3. Desmond Tutu of South Africa, winner of the Nobel Peace Prize.
4. Former U.S. President Jimmy Carter.
Laura Moye of Amnesty International has been quoted as saying that this "gone fishing" delay of the U.S. Supreme Court is good, because it gives Troy Davis and his supporters more time to get publicity for his plight: to let people know that an innocent man is facing execution over in Georgia if nothing happens to stop it.
So, here's my little bit of publicity for Troy Davis. Please, spread the word.
For more information, please visit: Take Action for Troy