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Supreme Court Denies Cert for Troy Davis

By Jeralyn, Section Death Penalty
Posted on Tue Oct 14, 2008 at 10:03:12 AM EST
Tags: Troy Davis, death penalty (all tags)
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The Supreme Court today denied cert for Georgia death row inmate Troy Davis. In September, the Court had granted a stay hours before Davis was to be executed. 7 of the 9 witnesses against him recanted their testimony and the eyewitness evidence in the case was extremely problematic.

Amnesty International responds:

The U.S. Supreme Court denied Davis’ petition for writ of certiorari that was submitted on constitutional grounds of due process and cruel and unusual punishment violations if an individual is put to death despite significant claims to innocence. Davis’ attorneys filed the petition after the Georgia Supreme Court’s narrow 4-3 ruling to deny Davis an evidentiary hearing last March; the ruling was based on technicalities rather than basic questions of guilt and innocence.

More...

“The Supreme Court’s decision is truly shocking, given that significant evidence of Davis’ innocence will never have a chance to be examined,” said Larry Cox, executive director for AIUSA. “Faulty eyewitness identification is the leading cause of wrongful convictions, and the hallmark of Davis’ case. This was an opportunity for the Court to clarify the constitutionality of putting the innocent to death – and in Davis’ case, his innocence could only be determined with a new hearing or trial."

"It is disgraceful that the highest court in the land could sink so low when doubts surrounding Davis' guilt are so high," Cox added.

Clemency was rejected for Davis in September. Today's ruling means Davis's execution can be rescheduled. Our past coverage of the case is accessible here.

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    Supreme Court Denies Cert for Troy Davis | 18 comments (18 topical)

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    Sickening (5.00 / 1) (#1)
    by lentinel on Tue Oct 14, 2008 at 10:48:02 AM EST


    Shameful! (5.00 / 1) (#2)
    by caramel on Tue Oct 14, 2008 at 10:54:20 AM EST
    How is this possible?? Yet another very bad sign from this Supreme Court, which obviously is not interested in the concept of justice but prefers to follow the political propaganda. A justice of results has nothing to do with the truth or with public safety. This is a disgusting decision, although not a surprising one.

    In the USA, if you are innocent of a capital crime for which you've been sentenced to die, you'd better prove it quick or you're history...

    Sincerely outraged!

    does it even make a difference (none / 0) (#7)
    by Jen M on Tue Oct 14, 2008 at 04:25:51 PM EST
    If you can prove it?

    Won't they just murder you anyway?

    [ Parent ]

    witnesses recanting..... (none / 0) (#13)
    by Justiceformark on Wed Oct 15, 2008 at 10:29:39 AM EST
    Georgia Attorney General Baker Announces Execution Date For Troy Anthony Davis

    By admin - Posted on September 23rd, 2008
    7/5/2007 -- Georgia Attorney General Thurbert E. Baker offers the following information in the case against Troy Anthony Davis, who is currently scheduled to be executed on July 17, 2007 at 7:00 pm.
    Scheduled Execution On June 29, 2007, the Superior Court of Chatham County filed an order, setting the seven-day window in which the execution of Troy Anthony Davis may occur to begin at noon, July 17, 2007, and ending seven days later at noon on July 24, 2007. The Commissioner of the Department of Corrections, acting pursuant to his statutory authority, then set the execution to occur at 7:00 pm on Tuesday, July 17, 2007. Davis has concluded his direct appeal proceedings and his state and federal habeas corpus proceedings.
    Davis' Crimes
    At approximately 1:00 a.m. on Saturday, August 19, 1989, Officer David Owens, of the Savannah Police Department, responded to a call of "an officer down" at the Greyhound bus station on Oglethorpe Avenue. (T. 759) . Officer Owens found the victim, Mark McPhail, a 27 year-old Savannah police officer, lying face down in the parking lot of the Burger King restaurant next to the bus station. (T. 759). Officer McPhail's mouth was filled with blood and bits of his teeth were on the sidewalk. As he began administering CPR to the victim, Officer Owens noticed that the victim's firearm was still snapped into his holster. (T. 761). Larry Young, who was present at the scene, told police that between midnight and 1:00 a.m. he had walked from the Burger King parking lot, which was frequented by transients and homeless individuals, to the convenience store down the block to purchase beer. (T. 797-798). Sylvester "Red" Coles saw Young leave the pool hall next door and began following Young demanding a beer. (T. 798). Coles continued to harass Mr. Young all the way back to the Burger King. (T. 799). When Young arrived at the parking lot, Harriet Murray and two unidentified men were sitting on a low wall by the restaurant. Davis and Daryl Collins, who had taken a shortcut to the parking lot, came out from behind the bank and surrounded Mr. Young. (T. 799). Mr. Coles, who was facing Mr. Young, told him not to walk away "cause you don't know me, I'll shoot you," and began digging in his pants. (T. 845). The two men seated on the wall fled, and Ms. Murray ran to the back door of the Burger King, which was locked. (T. 799). Davis, who was behind Young and to his right, blindsighted him, striking him on the side of the face with a snub-nosed pistol, inflicting a severe head injury which formed the basis of Count III of the indictment. Mr. Young began to bleed profusely, and he stumbled to a van parked in front of the Burger King drive-in window, asking the occupants for help. (T. 803). When the driver did not respond, he went to the drive-in window, but the manager shut it in his face. (T. 803, 915).
    In response to the disturbance in the parking lot, Officer McPhail, who was working as a security guard at the restaurant, walked rapidly from behind the bus station, with his nightstick in his hand and ordered the three men to halt. (T. 849). Mr. Collins and Davis fled, and Officer McPhail ran past Sylvester Coles in pursuit of Davis. (T. 851). Davis looked over his shoulder, and when the officer was five to six feet away, shot him. Officer McPhail fell to the ground, and Davis walked towards him and shot him again while he was on the ground. (T. 850). One eyewitness testified that Davis was smiling at the time. (T. 851). The victim died of gunshot wounds before help arrived. Thirty minutes after the killing, Red Coles appeared at his sister's house a few blocks from the bus station. Mr. Coles asked his sister for another shirt. (T. 915). Shortly thereafter, Davis appeared and asked Mr. Coles for the yellow t-shirt Coles had been wearing. After he changed his shirt, Davis left. (T. 915). Davis fled to Atlanta the following day and surrendered to authorities on August 23, 1989. Pursuant to an investigation, police learned that on the night prior to the killing, Davis had attended a party on Cloverdale Drive in a subdivision near Savannah. (T. 1115-1116). During the party, Davis, annoyed that some girls ignored him, told several of his friends something about "burning them." (T. 146). Davis then walked around saying, "I feel like doing something, anything." (T. 1464). When Michael Cooper and his friends were leaving the party, Davis was standing out front. (T. 1120). Michael Cooper was in the front passenger seat, and as the car pulled away, several of the men in the car leaned out the window shouting and throwing things. (T. 1120, 1186). Davis shot at the car from a couple of hundred feet away and the bullet shattered the back windshield and lodged in Michael Cooper's right jaw. (T. 1186). Cooper was treated at the hospital and released and Cooper's injury formed the basis for Count IV of Davis' indictment. The shooting incident took place approximately one hour before Officer McPhail was shot. Shortly after Michael Cooper was shot, Eric Ellison and D.D. Collins picked up Davis in Cloverdale and took him to Brown's pool hall in Savannah. Red Coles, wearing a yellow t-shirt, was already at the pool hall. An autopsy revealed that Officer McPhail was shot twice. One bullet entered the corner of his cheekbone on the left side and exited the back of his neck; the bullet blew away bits of his teeth, and his lip was impaled on his teeth. (T. 782-784). The second bullet passed through the armhole of McPhail's bullet-proof vest, and entered his chest on the left side. (T. 784). This bullet pierced the lung and the aorta, and lodged in the opposite side between the third and fourth vertebrae, at the back of the chest cavity near the spinal column. (T. 784-787). The cause of the victim's death was a loss of blood from a gunshot wound to the left side of his chest. (T. 789). The pathologist further noted that there were scrapes and lacerations on the victim's arms and legs, and an apparent injury to his right thigh, which could have been grazed by a bullet. (T. 788-789). A ballistics expert testified that the bullet that wounded Michael Cooper could have been fired from a .38 special revolver or a .357 magnum. (T. 1291). The bullet from McPhail's body was of the same type and was possibly fired from the same weapon as used in the Cooper shooting. (T. 1292). Four .38 special casings recovered at Cloverdale, where Michael Cooper was wounded, were fired from the same gun as casings found at the scene of Officer McPhail's murder. (T. 1292). At trial, Kevin McQueen, who was at the Chatham City jail with Davis, testified that Davis told him there had been a party in Cloverdale on the night prior to the victim's murder; Davis had argued with some boys and there was an exchange of gunfire. (T. 1230-1231). Davis told McQueen he did some of the shooting. (T. 1231). After the party, Davis went to a girlfriend's house and intended to eat breakfast at Burger King. Davis stated that he was with a friend and they ran into a guy who "owed money to buy dope." (T. 1231). There was a fight, Officer McPhail appeared, and Davis shot him in the face. As Officer McPhail attempted to get up, Davis shot him again, because he was afraid McPhail had seen him that night at Cloverdale. (T. 1232). Davis also told McQueen that he was on his way out of town to Atlanta. (T. 1232). Jeffrey Lapp testified that Davis told him he did the shooting at Burger King, but that it was self-defense. (T. 1249-1252). Mr. Lapp noted that Davis' street name was RAH, standing for "Rough As Hell." (T. 1257). Red Coles identified Davis as the perpetrator of Officer McPhail's murder, as did numerous other eyewitnesses, including Harriet Murray, Dorothy Ferrell, Daryl Collins, Antoine Williams, Steven Sanders and Larry Young.
    Davis testified at trial. Davis admitted that he was present at the scene of the shooting on the night in question, but denied that he was involved in the shooting of Cooper or the victim or the assault on Larry Young.
    The Trial (1989-1991)
    Davis was indicted in the Superior Court of Chatham County, Georgia on November 15, 1989, for the murder of Officer Mark Allen McPhail. On August 28, 1991, a jury found Davis guilty of one count of malice murder, one count of obstruction of a law enforcement officer, two counts of aggravated assault and one count of possession of firearm during the commission of a felony. The jury's recommendation of a death sentence was returned on August 30, 1991.
    The Direct Appeal (1992-1993)
    The Georgia Supreme Court unanimously affirmed Davis' convictions and death sentence on February 26, 1993. Davis v. State, 263 Ga. 5, 426 S.E.2d 844 (1993). The Georgia Supreme Court specifically found that the evidence presented at Davis' trial was sufficient to support the jury's verdict, by stating that, "The evidence supports the conviction on all counts." Davis v. State, 263 Ga. 5, 7 (1993). Davis' motion for reconsideration was denied on March 23, 1993. Davis filed a petition for writ of certiorari in the United States Supreme Court, which was denied on November 1, 1993. Davis v. Georgia, 510 U.S. 950, 114 S.Ct. 396 (1993). Davis' petition for rehearing was denied on January 10, 1994. Davis v. Georgia, 510 U.S. 1066, 114 S.Ct. 745 (1994).
    State Habeas Corpus Petition (1994-1997) Davis, represented by the Georgia Resource Center, filed a petition for a writ of habeas corpus in the Superior Court of Butts County, Georgia on March 15, 1994. An evidentiary hearing was held on December 16, 1996. On September 9, 1997, the state habeas corpus court denied Davis state habeas corpus relief. The state habeas corpus court noted "from a review of the record that many pieces of evidence supporting a finding that Coles was the shooter or highlighting inconsistencies in the testimony of the witnesses who identified Davis as the shooter were indeed presented to the jury during Davis' trial. (cite omitted). The jury, in its rightful role as finder of fact during the trial, was responsible for evaluating the credibility of the witnesses and determining whether the state proved beyond a reasonable doubt that Davis shot and killed Officer McPhail. This court, although acting now as the finder of fact in this habeas proceeding, cannot supplant the role of the jury and find based on its own review of the record that the jury should have concluded that the state did not carry its burden at Davis' trial. The core purpose of the writ of habeas corpus would not be served by such a presumptuous usurpation of the jury's deliberative process. This court is limited to evaluating whether Davis' rights were properly protected in the context of his jury trial." (State habeas corpus order of September 5, 1997, denying relief, page 41).
    Davis' application for a certificate of probable cause to appeal filed in the Georgia Supreme Court was granted on February 24, 2000. Specifically, the Court asked the parties to address the following issues: (1) whether execution by electrocution constituted cruel and unusual punishment under our Federal and State Constitutions; (2) whether imposition of the death penalty in this case was disproportionate to the penalty imposed in other similar cases in Georgia; (3) whether Petitioner's appellate counsel operated under a conflict of interest; and (4) whether Petitioner's absence during critical stages of his trial violated his rights under our Federal and State Constitutions. Following briefing and oral argument, the Georgia Supreme Court affirmed the denial of state habeas corpus relief on November 13, 2000. Davis v. Turpin, 273 Ga. 244, 539 S.E.2d 129 (2000). Davis' motion for reconsideration was denied on December 15, 2000. Davis then filed a petition for writ of certiorari in the United States Supreme Court, which was denied on October 1, 2001. Davis v. Turpin, 534 U.S. 842, 122 S.Ct. 100 (2001).
    Federal Habeas Corpus Petition (2001-2004)
    Davis, represented by Thomas Dunn, filed a petition for a writ of habeas corpus in the United States District Court for the Southern District of Georgia, Savannah Division, on December 14, 2001. On May 13, 2004, the district court denied Davis federal habeas corpus relief. In its order denying relief, the federal habeas corpus court denied Davis a federal evidentiary hearing stating that, "this Court finds that because the submitted affidavits are insufficient to raise doubts as to the constitutionality of the result at trial, there is no danger of a miscarriage of justice in declining to consider the claim." (Federal habeas corpus order of 5/13/04, p/ 25.) The federal habeas corpus court denied a motion to alter and amend judgment on June 3, 2004. The federal habeas corpus court denied Davis a certificate of appealability on July 20, 2004.
    11th Circuit Court of Appeals (2004-2006)
    The Eleventh Circuit granted Davis' application for certificate of appealability on September 15, 2004. The case was orally argued before the Eleventh Circuit on September 7, 2005. On September 26, 2006, the Eleventh Circuit issued an opinion which affirmed the denial of federal habeas corpus relief to Davis. Davis v. Terry, 465 F.3d 1249 (11th Cir. 2006). In the Eleventh Circuit's opinion, the Court noted, "In this case, Davis does not make a substantive claim of actual innocence. Rather, he argues that his constitutional claims of an unfair trial must be considered, even though they are otherwise procedurally defaulted, because he has made the requisite showing of actual innocence under Schlup." Davis v. Terry, 465 F.3d 1249, 1251 (11th Cir. 2006).
    Reviewing each of Davis's claims, the Eleventh Circuit affirmed the denial of federal habeas corpus relief by stating the following, "Having very carefully considered this record, we cannot say that the district court erred in concluding that Davis has not borne his burden to establish a viable claim that his trial was constitutionally unfair." Davis v. Terry, 465 F.3d 1249, 1256 (11th Cir. 2006).
    Davis filed a petition for panel rehearing on October 17, 2006, which was denied on December 13, 2006.
    United States Supreme Court (2007)
    Davis filed a petition for writ of certiorari in the United States Supreme Court on April 11, 2007, which was denied on June 25, 2007.
    Source: Georgia Attorney General

    Myth # 1
    Seven of the nine non-police witnesses against Davis have recanted their testimony or contradicted the story they told in court.
    Truth #1
    None of the recantations listed by Davis supporters state that Davis did not murder Officer MacPhail.
    All but one of the "recants" state that the statements they gave at the time of the murder were typed up by the investigating officers after and during their interviews and that they signed them without reading them.
    What they fail to mention is that TWO YEARS later they testified in court that their statements were true.
    It has only happened several years after the conviction that they have spoken to members of Davis' legal team, family and supporters that they NOW claim to have given false statements. It is transparently clear that the convicted murder's supporters have manipulated these witnesses into saying they did not understand what they were saying during the investigation OR during the trial.
    Two of the original witnesses HAVE NOT RECANTED their testimony that named Troy Davis as the murderer. This has so angered Davis' supporters that they are trying to name one of these witnesses (Coles) as the shooter.
    Coles was standing behind Officer MacPhail when MacPhail ran by chasing Davis. Davis turned and shot Officer from the front.
    Coles came back to the scene of the shooting with a female after police arrived.
    Davis changed clothes (even asking Coles for a shirt later) and fled to Atlanta with his sister.
    Myth #2
    There was never any physical evidence tying Davis to the murder for which he was convicted and sentenced to death.
    Truth #2
    A bullet that was removed from the jaw of a man who was shot by Troy Davis earlier in the day was compared to a bullet removed from Officer MacPhail. The ballistics matched!
    During the latest Pardons and Parole Board hearing a Georgia Bureau of Investigation ballistics expert was present to testify about this evidence.
    Bloody "spotted" clothing was removed from Davis' house after he was named as a suspect. Because of the way Troy was standing above Officer MacPhail when he executed the officer he would have received a faint splatter of blood (because Officer MacPhail was on the ground most of the splatter would have been dispersed out along the ground and not upward).
    A DNA test was performed on this evidence several years after the shooting because this technology did not exist at the time of the murder. The blood was so degraded (due to time) and the spots so small that the test "consumed" the sample without results. The Prosecutors NOT Troy Davis asked for this test.
    Myth #3
    The verdict was an example of the racist court system in Chatham County Georgia.
    Truth #3
    The jury that found Davis guilty was majority/minority.
    Myth #4
    Most convicted criminals on Georgia's Death Row as of January 2008 were minorities.
    Truth #4
    The majority of those convicted persons on Georgia's Death Row are white males. The lone female on Georgia's Death Row is white.
    Myth #5
    The support Davis is receiving from celebrities and human rights groups must mean there is doubt about his innocence.
    Truth #5
    The celebrities and human rights groups that are asking for clemency for Davis are doing so because they oppose the death penalty NOT because he is innocent. He IS GULITY!
    Send messages to the Georgia Board of Pardons and Paroles thanking them for supporting Justice for ALL in Georgia. Fax numbers for the board are: 404-651-8502; 404-651-6670; and 404-651-5282.

    here are the real facts,  the courts have looked at and reinterviewed the witnesses that "recanted" and still determined the guilt. apparently you have no respect for your police that daily step in harms way for you and your family. I was there when they tesitfied in court that their prior testimony they gave the police were true. one of the witnesses when asked if she could identify the killer, specifically pointed to troy davis and said " you don't ever forget face like that"  the death penalty should be mandated for killing a police officer.
     Numbers 35:16   (Read all of Numbers 35)
    And if he smite him with an instrument of iron, so that he die, he is a murderer: the murderer shall surely be put to death.
    We have no satisfaction or revenge in Troy Davis execution, only want justice..
    Numbers 35:31  
    Moreover ye shall take no satisfaction for the life of a murderer, which is guilty of death: but he shall be surely put to death. By the way.. he is guilty, troy knows it, mark knows it and GOD.. knows it. (in addition to the courts)
    re; witnesses recanting.. one witness (had a driver's license back then) said he signed without reading his testimony because he could Not read... HOW do you get a Driver's license if you can't read????? don't you have to take a test??? duh......... REMEMBER.. the Pardons adn Parole board RE-INTERVIEWED ALL the WITNESSES that recanted individually..... and They STILL came to the conclusion.........

    [ Parent ]

    to sincerely outraged (none / 0) (#18)
    by Justiceformark on Fri Oct 17, 2008 at 08:22:06 AM EST
     the Supreme court looked at ALL the files before they came to their decision.They looked at what the Georgia Supreme court had to say, they looked at what the pardon and Parole board statements, they EVEN looked at the interviews that the pardon and parole had with the witnesess recanting.... they looked at the EVIDENCE of the bullets matching, the BLOOD found on troy's shorts... there was nothing new for them to see. The Davis Camp didn't have any NEW evidence that would warrent a new trial........ maybe you need to read the reports that is listed in this section that was posted.... oh,by the way, there have been over 119 "innocent" released..justice must be doing something right to let them go..

    [ Parent ]
    Terror and civil liberties (5.00 / 0) (#3)
    by lentinel on Tue Oct 14, 2008 at 11:02:04 AM EST
    A sentence at the bottom of the story about this case in the Washington Post is chilling:

    "One major obstacle has been a 1996 federal law, the Antiterrorism and Effective Death Penalty Act, which was passed by Congress in the wake of the Oklahoma City bombing with the aim of restricting federal reviews of state death penalty convictions."

    This makes no sense to me.

    This law, passed in an age of hysteria, seems to say that the state should just execute people even if they are little more than suspects. Arrest them, and kill them.

    And this happened before Bush and the misnamed Patriot Act - during a democratic administration.

    If vigilance is the price of liberty, we sure have been less than vigilant.

    Yet these rulings go way back (none / 0) (#4)
    by NMvoiceofreason on Tue Oct 14, 2008 at 12:44:01 PM EST
    It is not the job of the Supreme Court to hear all the cases filed in the court. It is not the job of the Appeals court to reinvestigate evidence of actual innocence, only to be sure that the proper rules and procedures were followed. Actual innocence is not a bar to execution (thank Scalia for that one).

    We need a law. "In every case where any witness presented at trial has recanted or where scientific evidence has been contradicted or falsified by prevailing standards, the conviction SHALL be vacated and a new trial shall be granted. In every case filed in the Supreme Court, there shall be full oral argument and a decision upon the merits with a written opinion. In every case where a case is under appeal and evidence related to actual innocence has not been fully examined by the trial court, the appeals court shall endeavor to construct a full and fair hearing to document such proof." Call it the INHERENT RIGHT TO JUSTICE ACT of 2009.

    One more point (none / 0) (#6)
    by NMvoiceofreason on Tue Oct 14, 2008 at 02:18:31 PM EST
    "In every case where a person is incarcerated, they shall have equivalent access to computers, internet, search engines, and legal research materials as that provided by the State for its prosecutors, including amount of time the materials are available each day."

    [ Parent ]
    Orwell-like (none / 0) (#10)
    by lentinel on Wed Oct 15, 2008 at 05:02:38 AM EST
    "Actual innocence is not a bar to execution".

    Chilling.

    How is Scalia responsible for this?

    [ Parent ]

    can you not read????? (none / 0) (#15)
    by Justiceformark on Thu Oct 16, 2008 at 08:34:01 AM EST
    You must have missed the memo that stated THERE WAS DNA... YEP THERE WAS BLOOD... On the shorts that were FOUND IN Troy's mother washing machine... ask you're self who in the world washes clothes at approximately around 2 to 6 am??? why did HIS Sister take him out of town immediately???? Instead of going to the police???? Couldn't they have left at a reasonable hour??duh......people are forgetting that there were 2!!! Incidents that night and Troy was at both locations. bullets, shorts... BLOOD...YES BLOOD...If troy Is soooo innocent, tell us then why he was shooting at a vehicle and then later pistol whipping a homeless guy??? remember the person they said that killed officer MacPhail WAS NOT at the other location/... also for the person that they are blaming, for him to have killed MacPhail, the officer would have been shot in the back, this was not the case.... The bullets MATCH that came out of both MacPhail and the Cloverdale incident...How is that for evidence??........helloo?? get a clue...there was a ballistic expert at the pardons and parole board to testify to that... furthermore, the Pardons and Parole board.. RE-INTERVIEWED the witnesses that recanted...THE U.S. Supreme Court Read ALL the information from BOTH SIDES... As for being coerced by the police, the witnesses TESTIFIED in court UNDER OATH (by the way either they lied then or lying now... either way perjury is a federal offense) that they WERE NOT coerced by the police and they pointed out that troy was the killer.. Why didn't Davis speak out when Coles was on the stand?? Why didn't he speak out when the lawyers asked if HE was satisfied with everything??? Why would he specifically look at the other family and smile?????????? Oh yeah, if they are blaming Coles, WHY would Davis want to put on Coles shirt???

    [ Parent ]
    Even the reporting is screwy. (none / 0) (#5)
    by lentinel on Tue Oct 14, 2008 at 01:31:20 PM EST
    The article in today's Times about this case says that Davis denied being at the scene. It says that he claimed to have been at a nearby pool hall and left before the officer arrived.

    The story in the Washington Post says that Davis "admitted" being at the scene of the crime, but did not commit it.

    If you can't even get a clear story about what happened in the papers...

    And a question: did the Scotus just refuse to hear the case, did they refuse to consider it, did they consider it but dismiss it?
    What does "without comment" mean? Can we, the public, find out anything about who thought or decided what on the SC?
    Is there any public record of the "deliberations" if there were any?

    SCOTUS (none / 0) (#8)
    by laraaral on Tue Oct 14, 2008 at 11:17:41 PM EST
    The court read the briefs that were submitted and then made the decision to not hear the case.  Without comment means that the court did not issue any comments when it chose to not hear the case.  The court takes great pains to not talk about cases but in an official capacity - since there was no comment we will not hear any personal comments from the Justices.  There are no public deliberations.

    `l.

    [ Parent ]

    Thanks. (none / 0) (#9)
    by lentinel on Wed Oct 15, 2008 at 04:59:00 AM EST
    I guess, from what you said, that there would be no way of knowing which Justices decided not to hear the case, and which Justices would have chosen to do so.

    When you say, "the court decided", I would like to know who decided what and why.  But I guess it doesn't work that way.

    [ Parent ]

    U.S. Supreme Court (none / 0) (#17)
    by Justiceformark on Thu Oct 16, 2008 at 02:42:55 PM EST
    The U.S.upreme Court reviewed the case, they looked at EVERYTHING the "Davis Camp" reviewed  EVERYTHING the D.A. had.. people need to remember that the U.S. Supreme Court ALSO looked at the interviews the pardons and parole board had with the "witnesses" that recanted... there was nothing new from the Davis side as they would like the public to believe, that would have persuaded the decision, I ASSURE YOU if there was Davis would have either got clemency, life in prison or even a new trial if he had NEW EVIDENCE..they didn't have any... ALSO IT was the Pardons and Parole board, "NOT DAVIS CAMP" THAT issued DNA sample.....(did I mention they found blood on troy's shorts??, in HIS mother's washing machine???) recantation, get a clue... the fact that the witnesess testified in court that the testimony they gave on the night the officer was killed were true. there was no officer at the pool hall, MacPhail was at the greyound/burgerking area which if i'm not mistaken was were larry king bought his beer and walked to the burgerking area. the fact are listed in this site, you may want to pay close attention to the blood, bullets,shorts and shirt.

    [ Parent ]
    The real story (none / 0) (#11)
    by Justiceformark on Wed Oct 15, 2008 at 10:14:04 AM EST
    You guys don't have a clue.............it's a good thing you live in America where you can say whatever dumb things you want to say without any consequences.
    I was in the court room when the witnesses testified against Davis. They were sure!
    The recantings are not believable, because it worked liked this:
    They gave their statements and then 2 YEARS later they testified in court validating their written statements. 2 years time passed and their testimony did NOT change. It was only several years later did they decide they might have reservations on what they said.  C'mon...................If you could pick a time that the witnesses should be believed, when would be?  The time of the crime, 2 years later when they swore under oath they were telling the truth or many years later when they decide they may not be sure?
    Troy Davis has run through every single possible defense in an effort to get out of this:
    He has claimed, failure of due process, poopy attorney, failed to blame another earlier because "he didn't want to be a snitch", he has been railroaded re: a racial thing, he is innocent and all of those eye witnesses were wrong, now all of the witnesses are correct since they are recanting. The question reverts back to how innocent is a man pistol whipping an unarmed homeless guy for a can of beer at 1:00am?
    There WAS blood evidence, in 1989 there was no DNA testing available, when the prosecution (not the defense) insisted on testing the old blood, it was degraded and the sample was used up in the test.  So no results were generated.  The blood came from Troy Davis's shorts that were found in his mother's washing machine.  How many folks do you know that wash clothes between 1:00am 6:00am? The earlier shooting that Davis committed (he was involved in 2 that night) resulted in the same ballistic match as the ammo at the Police Officer's murder, while Troy was the common denominator at both locations.  Go to the website for ALL of the facts.  Ever wonder why the defense doesn't offer facts on their website?
    These recanting witnesses have been interviewed by the Pardons and Parole Board and apparently found lacking in credibility.do NOT forget THERE WAS EVIDENCE.....blood...bullets...(also didn't you know his sister DROVE him out of town INSTEAD of going to the police station??????)
    http://www.markallenmacphail.com
    the story here.. (none / 0) (#12)
    by Justiceformark on Wed Oct 15, 2008 at 10:18:36 AM EST
    Georgia Attorney General Baker Announces Execution Date For Troy Anthony Davis

    By admin - Posted on September 23rd, 2008
    7/5/2007 -- Georgia Attorney General Thurbert E. Baker offers the following information in the case against Troy Anthony Davis, who is currently scheduled to be executed on July 17, 2007 at 7:00 pm.
    Scheduled Execution On June 29, 2007, the Superior Court of Chatham County filed an order, setting the seven-day window in which the execution of Troy Anthony Davis may occur to begin at noon, July 17, 2007, and ending seven days later at noon on July 24, 2007. The Commissioner of the Department of Corrections, acting pursuant to his statutory authority, then set the execution to occur at 7:00 pm on Tuesday, July 17, 2007. Davis has concluded his direct appeal proceedings and his state and federal habeas corpus proceedings.
    Davis' Crimes
    At approximately 1:00 a.m. on Saturday, August 19, 1989, Officer David Owens, of the Savannah Police Department, responded to a call of "an officer down" at the Greyhound bus station on Oglethorpe Avenue. (T. 759) . Officer Owens found the victim, Mark McPhail, a 27 year-old Savannah police officer, lying face down in the parking lot of the Burger King restaurant next to the bus station. (T. 759). Officer McPhail's mouth was filled with blood and bits of his teeth were on the sidewalk. As he began administering CPR to the victim, Officer Owens noticed that the victim's firearm was still snapped into his holster. (T. 761). Larry Young, who was present at the scene, told police that between midnight and 1:00 a.m. he had walked from the Burger King parking lot, which was frequented by transients and homeless individuals, to the convenience store down the block to purchase beer. (T. 797-798). Sylvester "Red" Coles saw Young leave the pool hall next door and began following Young demanding a beer. (T. 798). Coles continued to harass Mr. Young all the way back to the Burger King. (T. 799). When Young arrived at the parking lot, Harriet Murray and two unidentified men were sitting on a low wall by the restaurant. Davis and Daryl Collins, who had taken a shortcut to the parking lot, came out from behind the bank and surrounded Mr. Young. (T. 799). Mr. Coles, who was facing Mr. Young, told him not to walk away "cause you don't know me, I'll shoot you," and began digging in his pants. (T. 845). The two men seated on the wall fled, and Ms. Murray ran to the back door of the Burger King, which was locked. (T. 799). Davis, who was behind Young and to his right, blindsighted him, striking him on the side of the face with a snub-nosed pistol, inflicting a severe head injury which formed the basis of Count III of the indictment. Mr. Young began to bleed profusely, and he stumbled to a van parked in front of the Burger King drive-in window, asking the occupants for help. (T. 803). When the driver did not respond, he went to the drive-in window, but the manager shut it in his face. (T. 803, 915).
    In response to the disturbance in the parking lot, Officer McPhail, who was working as a security guard at the restaurant, walked rapidly from behind the bus station, with his nightstick in his hand and ordered the three men to halt. (T. 849). Mr. Collins and Davis fled, and Officer McPhail ran past Sylvester Coles in pursuit of Davis. (T. 851). Davis looked over his shoulder, and when the officer was five to six feet away, shot him. Officer McPhail fell to the ground, and Davis walked towards him and shot him again while he was on the ground. (T. 850). One eyewitness testified that Davis was smiling at the time. (T. 851). The victim died of gunshot wounds before help arrived. Thirty minutes after the killing, Red Coles appeared at his sister's house a few blocks from the bus station. Mr. Coles asked his sister for another shirt. (T. 915). Shortly thereafter, Davis appeared and asked Mr. Coles for the yellow t-shirt Coles had been wearing. After he changed his shirt, Davis left. (T. 915). Davis fled to Atlanta the following day and surrendered to authorities on August 23, 1989. Pursuant to an investigation, police learned that on the night prior to the killing, Davis had attended a party on Cloverdale Drive in a subdivision near Savannah. (T. 1115-1116). During the party, Davis, annoyed that some girls ignored him, told several of his friends something about "burning them." (T. 146). Davis then walked around saying, "I feel like doing something, anything." (T. 1464). When Michael Cooper and his friends were leaving the party, Davis was standing out front. (T. 1120). Michael Cooper was in the front passenger seat, and as the car pulled away, several of the men in the car leaned out the window shouting and throwing things. (T. 1120, 1186). Davis shot at the car from a couple of hundred feet away and the bullet shattered the back windshield and lodged in Michael Cooper's right jaw. (T. 1186). Cooper was treated at the hospital and released and Cooper's injury formed the basis for Count IV of Davis' indictment. The shooting incident took place approximately one hour before Officer McPhail was shot. Shortly after Michael Cooper was shot, Eric Ellison and D.D. Collins picked up Davis in Cloverdale and took him to Brown's pool hall in Savannah. Red Coles, wearing a yellow t-shirt, was already at the pool hall. An autopsy revealed that Officer McPhail was shot twice. One bullet entered the corner of his cheekbone on the left side and exited the back of his neck; the bullet blew away bits of his teeth, and his lip was impaled on his teeth. (T. 782-784). The second bullet passed through the armhole of McPhail's bullet-proof vest, and entered his chest on the left side. (T. 784). This bullet pierced the lung and the aorta, and lodged in the opposite side between the third and fourth vertebrae, at the back of the chest cavity near the spinal column. (T. 784-787). The cause of the victim's death was a loss of blood from a gunshot wound to the left side of his chest. (T. 789). The pathologist further noted that there were scrapes and lacerations on the victim's arms and legs, and an apparent injury to his right thigh, which could have been grazed by a bullet. (T. 788-789). A ballistics expert testified that the bullet that wounded Michael Cooper could have been fired from a .38 special revolver or a .357 magnum. (T. 1291). The bullet from McPhail's body was of the same type and was possibly fired from the same weapon as used in the Cooper shooting. (T. 1292). Four .38 special casings recovered at Cloverdale, where Michael Cooper was wounded, were fired from the same gun as casings found at the scene of Officer McPhail's murder. (T. 1292). At trial, Kevin McQueen, who was at the Chatham City jail with Davis, testified that Davis told him there had been a party in Cloverdale on the night prior to the victim's murder; Davis had argued with some boys and there was an exchange of gunfire. (T. 1230-1231). Davis told McQueen he did some of the shooting. (T. 1231). After the party, Davis went to a girlfriend's house and intended to eat breakfast at Burger King. Davis stated that he was with a friend and they ran into a guy who "owed money to buy dope." (T. 1231). There was a fight, Officer McPhail appeared, and Davis shot him in the face. As Officer McPhail attempted to get up, Davis shot him again, because he was afraid McPhail had seen him that night at Cloverdale. (T. 1232). Davis also told McQueen that he was on his way out of town to Atlanta. (T. 1232). Jeffrey Lapp testified that Davis told him he did the shooting at Burger King, but that it was self-defense. (T. 1249-1252). Mr. Lapp noted that Davis' street name was RAH, standing for "Rough As Hell." (T. 1257). Red Coles identified Davis as the perpetrator of Officer McPhail's murder, as did numerous other eyewitnesses, including Harriet Murray, Dorothy Ferrell, Daryl Collins, Antoine Williams, Steven Sanders and Larry Young.
    Davis testified at trial. Davis admitted that he was present at the scene of the shooting on the night in question, but denied that he was involved in the shooting of Cooper or the victim or the assault on Larry Young.
    The Trial (1989-1991)
    Davis was indicted in the Superior Court of Chatham County, Georgia on November 15, 1989, for the murder of Officer Mark Allen McPhail. On August 28, 1991, a jury found Davis guilty of one count of malice murder, one count of obstruction of a law enforcement officer, two counts of aggravated assault and one count of possession of firearm during the commission of a felony. The jury's recommendation of a death sentence was returned on August 30, 1991.
    The Direct Appeal (1992-1993)
    The Georgia Supreme Court unanimously affirmed Davis' convictions and death sentence on February 26, 1993. Davis v. State, 263 Ga. 5, 426 S.E.2d 844 (1993). The Georgia Supreme Court specifically found that the evidence presented at Davis' trial was sufficient to support the jury's verdict, by stating that, "The evidence supports the conviction on all counts." Davis v. State, 263 Ga. 5, 7 (1993). Davis' motion for reconsideration was denied on March 23, 1993. Davis filed a petition for writ of certiorari in the United States Supreme Court, which was denied on November 1, 1993. Davis v. Georgia, 510 U.S. 950, 114 S.Ct. 396 (1993). Davis' petition for rehearing was denied on January 10, 1994. Davis v. Georgia, 510 U.S. 1066, 114 S.Ct. 745 (1994).
    State Habeas Corpus Petition (1994-1997) Davis, represented by the Georgia Resource Center, filed a petition for a writ of habeas corpus in the Superior Court of Butts County, Georgia on March 15, 1994. An evidentiary hearing was held on December 16, 1996. On September 9, 1997, the state habeas corpus court denied Davis state habeas corpus relief. The state habeas corpus court noted "from a review of the record that many pieces of evidence supporting a finding that Coles was the shooter or highlighting inconsistencies in the testimony of the witnesses who identified Davis as the shooter were indeed presented to the jury during Davis' trial. (cite omitted). The jury, in its rightful role as finder of fact during the trial, was responsible for evaluating the credibility of the witnesses and determining whether the state proved beyond a reasonable doubt that Davis shot and killed Officer McPhail. This court, although acting now as the finder of fact in this habeas proceeding, cannot supplant the role of the jury and find based on its own review of the record that the jury should have concluded that the state did not carry its burden at Davis' trial. The core purpose of the writ of habeas corpus would not be served by such a presumptuous usurpation of the jury's deliberative process. This court is limited to evaluating whether Davis' rights were properly protected in the context of his jury trial." (State habeas corpus order of September 5, 1997, denying relief, page 41).
    Davis' application for a certificate of probable cause to appeal filed in the Georgia Supreme Court was granted on February 24, 2000. Specifically, the Court asked the parties to address the following issues: (1) whether execution by electrocution constituted cruel and unusual punishment under our Federal and State Constitutions; (2) whether imposition of the death penalty in this case was disproportionate to the penalty imposed in other similar cases in Georgia; (3) whether Petitioner's appellate counsel operated under a conflict of interest; and (4) whether Petitioner's absence during critical stages of his trial violated his rights under our Federal and State Constitutions. Following briefing and oral argument, the Georgia Supreme Court affirmed the denial of state habeas corpus relief on November 13, 2000. Davis v. Turpin, 273 Ga. 244, 539 S.E.2d 129 (2000). Davis' motion for reconsideration was denied on December 15, 2000. Davis then filed a petition for writ of certiorari in the United States Supreme Court, which was denied on October 1, 2001. Davis v. Turpin, 534 U.S. 842, 122 S.Ct. 100 (2001).
    Federal Habeas Corpus Petition (2001-2004)
    Davis, represented by Thomas Dunn, filed a petition for a writ of habeas corpus in the United States District Court for the Southern District of Georgia, Savannah Division, on December 14, 2001. On May 13, 2004, the district court denied Davis federal habeas corpus relief. In its order denying relief, the federal habeas corpus court denied Davis a federal evidentiary hearing stating that, "this Court finds that because the submitted affidavits are insufficient to raise doubts as to the constitutionality of the result at trial, there is no danger of a miscarriage of justice in declining to consider the claim." (Federal habeas corpus order of 5/13/04, p/ 25.) The federal habeas corpus court denied a motion to alter and amend judgment on June 3, 2004. The federal habeas corpus court denied Davis a certificate of appealability on July 20, 2004.
    11th Circuit Court of Appeals (2004-2006)
    The Eleventh Circuit granted Davis' application for certificate of appealability on September 15, 2004. The case was orally argued before the Eleventh Circuit on September 7, 2005. On September 26, 2006, the Eleventh Circuit issued an opinion which affirmed the denial of federal habeas corpus relief to Davis. Davis v. Terry, 465 F.3d 1249 (11th Cir. 2006). In the Eleventh Circuit's opinion, the Court noted, "In this case, Davis does not make a substantive claim of actual innocence. Rather, he argues that his constitutional claims of an unfair trial must be considered, even though they are otherwise procedurally defaulted, because he has made the requisite showing of actual innocence under Schlup." Davis v. Terry, 465 F.3d 1249, 1251 (11th Cir. 2006).
    Reviewing each of Davis's claims, the Eleventh Circuit affirmed the denial of federal habeas corpus relief by stating the following, "Having very carefully considered this record, we cannot say that the district court erred in concluding that Davis has not borne his burden to establish a viable claim that his trial was constitutionally unfair." Davis v. Terry, 465 F.3d 1249, 1256 (11th Cir. 2006).
    Davis filed a petition for panel rehearing on October 17, 2006, which was denied on December 13, 2006.
    United States Supreme Court (2007)
    Davis filed a petition for writ of certiorari in the United States Supreme Court on April 11, 2007, which was denied on June 25, 2007.
    Source: Georgia Attorney General

    Myth # 1
    Seven of the nine non-police witnesses against Davis have recanted their testimony or contradicted the story they told in court.
    Truth #1
    None of the recantations listed by Davis supporters state that Davis did not murder Officer MacPhail.
    All but one of the "recants" state that the statements they gave at the time of the murder were typed up by the investigating officers after and during their interviews and that they signed them without reading them.
    What they fail to mention is that TWO YEARS later they testified in court that their statements were true.
    It has only happened several years after the conviction that they have spoken to members of Davis' legal team, family and supporters that they NOW claim to have given false statements. It is transparently clear that the convicted murder's supporters have manipulated these witnesses into saying they did not understand what they were saying during the investigation OR during the trial.
    Two of the original witnesses HAVE NOT RECANTED their testimony that named Troy Davis as the murderer. This has so angered Davis' supporters that they are trying to name one of these witnesses (Coles) as the shooter.
    Coles was standing behind Officer MacPhail when MacPhail ran by chasing Davis. Davis turned and shot Officer from the front.
    Coles came back to the scene of the shooting with a female after police arrived.
    Davis changed clothes (even asking Coles for a shirt later) and fled to Atlanta with his sister.
    Myth #2
    There was never any physical evidence tying Davis to the murder for which he was convicted and sentenced to death.
    Truth #2
    A bullet that was removed from the jaw of a man who was shot by Troy Davis earlier in the day was compared to a bullet removed from Officer MacPhail. The ballistics matched!
    During the latest Pardons and Parole Board hearing a Georgia Bureau of Investigation ballistics expert was present to testify about this evidence.
    Bloody "spotted" clothing was removed from Davis' house after he was named as a suspect. Because of the way Troy was standing above Officer MacPhail when he executed the officer he would have received a faint splatter of blood (because Officer MacPhail was on the ground most of the splatter would have been dispersed out along the ground and not upward).
    A DNA test was performed on this evidence several years after the shooting because this technology did not exist at the time of the murder. The blood was so degraded (due to time) and the spots so small that the test "consumed" the sample without results. The Prosecutors NOT Troy Davis asked for this test.
    Myth #3
    The verdict was an example of the racist court system in Chatham County Georgia.
    Truth #3
    The jury that found Davis guilty was majority/minority.
    Myth #4
    Most convicted criminals on Georgia's Death Row as of January 2008 were minorities.
    Truth #4
    The majority of those convicted persons on Georgia's Death Row are white males. The lone female on Georgia's Death Row is white.
    Myth #5
    The support Davis is receiving from celebrities and human rights groups must mean there is doubt about his innocence.
    Truth #5
    The celebrities and human rights groups that are asking for clemency for Davis are doing so because they oppose the death penalty NOT because he is innocent. He IS GULITY!
    Send messages to the Georgia Board of Pardons and Paroles thanking them for supporting Justice for ALL in Georgia. Fax numbers for the board are: 404-651-8502; 404-651-6670; and 404-651-5282.

    here are the real facts,  the courts have looked at and reinterviewed the witnesses that "recanted" and still determined the guilt. apparently you have no respect for your police that daily step in harms way for you and your family. I was there when they tesitfied in court that their prior testimony they gave the police were true. one of the witnesses when asked if she could identify the killer, specifically pointed to troy davis and said " you don't ever forget face like that"  the death penalty should be mandated for killing a police officer.
     Numbers 35:16   (Read all of Numbers 35)
    And if he smite him with an instrument of iron, so that he die, he is a murderer: the murderer shall surely be put to death.
    We have no satisfaction or revenge in Troy Davis execution, only want justice..
    Numbers 35:31  
    Moreover ye shall take no satisfaction for the life of a murderer, which is guilty of death: but he shall be surely put to death. By the way.. he is guilty, troy knows it, mark knows it and GOD.. knows it. (in addition to the courts)

    Don't confuse me with the facts. (none / 0) (#14)
    by diogenes on Wed Oct 15, 2008 at 07:15:39 PM EST
    Hey, Justice For Mark, don't confuse me with the facts.

    I gave you facts.... (none / 0) (#16)
    by Justiceformark on Thu Oct 16, 2008 at 02:25:26 PM EST
    what is wrong?? the mentioning that there was BLOOD EVIDENCE or the fact that the bullets match both shootings and that the person they "claimed" shot MacPhail was not even around on the first one..

    [ Parent ]
    Supreme Court Denies Cert for Troy Davis | 18 comments (18 topical)

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