Troy Davis: misleading anti death penalty campaign

Troy Davis: misleading anti death penalty campaign
Dudley Sharp

 

Based upon the evidence presented in the June, 2010 hearing, it was clear that the federal district court would rule against Davis and that SCOTUS would not intervene.

 

This shouldn't have come as a surprise to anyone who knew the facts of the case.

 

Anti death penalty folks, were, of course, fed a bunch of nonsense by their leadership and they simply accepted it.

 

1) Debunking the Myths Surrounding The Murder of Officer Mark MacPhail Sr. and the Conviction of Troy Anthony Davis"
http://www.fop9.net/markmacphail/debunkingthemyths.cfm

 

 

2) Innocence claims will offer no reprieve for Troy Davis
Dudley Sharp, 6/25/10

 

Based upon the media reports, alone, of the two day hearing of June 2010, just as I suspect Davis' attorneys have known all along, the appellate case cannot prevail in overturning the findings that Troy

 

Davis is guilty of the murder of Police Officer Mark Allen MacPhail.

 

What happened in the two day hearing was very ordinary, if you are aware of anti death penalty nonsense. (1)

 

Sylvester "Redd" Coles' "Confessions"

 

The blockbuster witnesses who were going to testify that the "real murderer" Sylvester "Redd" Coles had confessed to them were not allowed to testify, because Davis' attorneys refused to call Coles to testify, thereby rendering these witnesses in possession of hearsay evidence and, therefore, not able to testify.

 

Well, Judge Moore did allow, wrongly, one of them, Anthony Hargrove, to testify. The judge "said that unless Coles is called to the stand, he might give (Hargrove's) hearsay testimony "no weight whatsoever."

 

Of course, Davis' attorneys didn't call Coles. Davis' attorneys made sure Hargrove's testimony as well as the other "confession" witnesses will have no weight.

 

This will become part of the anti death penalty PR machine - the anti death penalty folks will blame the system for not allowing the "truth" to come out, by muzzling these witnesses, even though Davis' attorneys had to do this intentionally, knowing that the witnesses couldn't be heard.

 

The defense couldn't call Coles, because he would have been a strong witness to rebut his alleged confessions, therefore making things worse for Davis. I seems obvious that the defense made a statement as to how fragile and unreliable these "confession" witnesses were that Davis' attorneys refused to call Coles.

 

Hargrove being wrongly allowed to testify must have been a surprise.

 

"Recantation" Witnesses

 

The additional problem for Davis is this: There are solid witnesses against Davis who did not "recant".

 

The "recantation" witnesses claims that the police pressured or threatened them into falsely testifying make no sense.

 

In addition " . . . the majority (of the Georgia Supreme Court) finds that 'most of the witnesses to the crime who have allegedly recanted have merely stated that they now do not feel able to identify the shooter.'

 

"One of the affidavits 'might actually be read so as to confirm trial testimony that Davis was the shooter.' From "Troy Davis: Both sides need to be told", below.

 

All judges, as all of us, are aware that testimony at trial is and should be given much more credibility than memories 17 years old. Therefore, the original testimony of eye witnesses who said Davis was the murderer will have much more weight than those who now can't remember or have changed their

testimony. Memories fade. No surprise.

 

First, there were enough witnesses against Davis - the state had a solid case - therefore there was no reason to put lying witnesses on the stand. Even if we presume that some were pressured and threatened into false statements, both police and prosecutors knew, before trial, that they need not risk putting any such perjuring witnesses on the stand. They had enough evidence without them.

 

Why risk alleged perjured testimony when you don't need it? They wouldn't have.

 

Secondly, the non "recantation" witnesses, the police investigators, and prosecutors have been consistent from the beginning of the case - those witnesses haven't recanted, and police and prosecutors have testified that there were no threats or pressure for false testimony and those consistent, non recanting witnesses gave truthful statements without pressure or threats, thusly causing us to give even less credibility to those who have changed their testimony.

 

Thirdly, there is no evidence that the investigating officers or the prosecutors had ever been involved in such illegal activities before and the non recantation witnesses give more weight to the position that police and prosecutors did not pressure or threaten for false testimony and to the proposition that the "recantations" were the statements in error.

 

Judges are very aware of false testimony and how pressure can be applied to produce it, by community activists, such as anti death penalty folks.

 

Judges are aware that pressure is a two sided coin and they must consider both sides of it and how that may effect credibility. In a case such as this, the evidence is such that Davis cannot prevail.

 

Credibility - this says it all.

 

"(Troy) Davis' legal team also summoned Benjamin Gordon, who testified that he saw Sylvester "Redd" Coles shoot and kill the officer." (2)

 

Gordon, who is incarcerated and has at least six prior felony convictions, said he never came forward because he did not trust the police and feared what Coles might do to him or his family in retaliation.

 

"Is there any doubt in your mind that Redd Coles fired that shot?" Horton asked. "No, sir," Gordon replied.

 

Davis' legal team has long maintained that Coles, who was at the scene and came forward after (Police Officer) MacPhail's slaying and implicated Davis to police, was the actual triggerman. Coles has denied shooting MacPhail.

 

Beth Attaway Burton, the state's lead attorney, got Gordon to acknowledge he never said he saw Coles shoot MacPhail in interviews with police "or in sworn statements he gave Davis' legal team in 2003 and 2008."

 

"What made you change your story today?" Burton asked.

 

"It's the truth," Gordon said. "

 

I think the judge will have to weigh Gordon's credibility similarly to that of Davis' other supportive witnesses - ZERO.

 

The judhe concluded: "While Mr. Davis's new evidence casts some additional, minimal doubt on his conviction, it is largely smoke and mirrors."


-----------------------------
Note: We will hear protests that Davis' attorneys tried to subpoena Coles the day before the hearing, but couldn't locate him. The judge didn't buy it saying that there was no excuse based upon them having much time to prepare for the hearing. It's clear they didn't want Coles. When Davis loses this appeal, he will then appeal to a higher court, which will uphold the denial.

 

(1) 4 of many

 

"The Innocent Executed: Deception & Death Penalty Opponents"
http(COLON)//homicidesurvivors.com/2009/10/08/the-innocent-executed-deception--death-penalty-opponents--draft.aspx

 

The 130 (now 139) death row "innocents" scam
http(COLON)//homicidesurvivors.com/2009/03/04/fact-checking-issues-on-
innocence-and-the-death-penalty.aspx

 

"Sister Helen Prejean & the death penalty: A Critical Review"
http(COLON)//homicidesurvivors.com/2009/05/04/sister-helen-prejean--the-death-penalty-a-critical-review(DOT)aspx

 

"Cameron Todd Willingham: Another Media Meltdown", A Collection of Articles
http(COLON)//homicidesurvivors.com/categories/Cameron%20Todd%20Willingham.aspx

 

(2) All quotes from this article:
"Witnesses back off testimony against Troy Davis", The Atlanta Journal-Constitution, June 23, 2010 www(DOT)ajc.com/news/atlanta/witnesses-back-off-testimony-555778.html?cxntlid=daylf_artr

Other references:

 

 

3) Troy Davis: Both sides need to be told
Dudley Sharp, contact info below
May, 2009

 

Anyone interested in justice will demand a fair, thorough look at both sides of this or any case. Here is the side that the pro Troy Davis faction is, intentionally, not presenting.

(A) Davis v Georgia, Georgia Supreme Court, 3/17/08
Full ruling www(DOT)gasupreme.us/pdf/s07a1758.pdf
Summary www(DOT)gasupreme.us/op_summaries/mar_17.pdf

 

" . . . the majority finds that 'most of the witnesses to the crime who have allegedly recanted have merely stated that they now do not feel able to identify the shooter.' "One of the affidavits 'might actually be read so as to confirm trial testimony that Davis was the shooter.' "

The murder occurred in 1989.

 

(B) "THE PAROLE BOARD'S CONSIDERATION OF THE TROY ANTHONY DAVIS CASE" , 9/22/08, www(DOT)pap.state.ga.us/opencms/opencms/

 

"After an exhaustive review of all available information regarding the Troy Davis case and after considering all possible reasons for granting clemency, the Board has determined that clemency is not warranted."

 

"The Board has now spent more than a year studying and considering this case. As a part of its proceedings, the Board gave Davis' attorneys an opportunity to present every witness they desired to support their allegation that there is doubt as to Davisâ?? guilt. The Board heard each of these witnesses and questioned them closely. In addition, the Board has studied the voluminous trial transcript, the police investigation report and the initial statements of all witnesses. The Board has also had certain physical evidence retested and Davis interviewed."

 

(C) A detailed review of the extraordinary consideration that Davis was given for all of his claims,
by Chatham County District Attorney Spencer Lawton http(COLON)//tinyurl.com/46c73l

Troy Davis' claims are undermined, revealing the dishonesty of the Davis advocates . Look, particularly, at pages 4-7, which show the reasoned, thoughtful and generous reviews of Davis' claims, as well a how despicable the one sided cynical pro Troy Davis effort is.

 

(D) Officer Mark Allen MacPhail: The family of murdered Officer MacPhail fully believes that Troy Davis murdered their loved one and that the evidence is supportive of that opinion. www(DOT)fop9.net/markmacphail/debunkingthemyths.cfm

Not simply an emotional and understandable plea for justice, but a detailed factual review of the case.

 

(E) "Death and Dying", by Cliff Green, LIKE THE DEW, 7/22/09,
http(COLON)//likethedew.com/2009/07/22/death-and-dying/

 

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Comments

  • 9/18/2011 10:34 AM Kerry Cook wrote:
    My name is Kerry Max Cook. I am the author of CHASING JUSTICE: My story of freeing myself after two decades on Death row for a crime I didn't commit.

    I don't know enough about the case of Troy Davis or the tragic death of Georgia police officer Mark MacPhail Sr. to know whether Mr. Davis is innocent or guilty. What I am qualified to comment on is the fact that this case contains a rich history of legal chicanery that is being glossed over so folks can selectively pick and choose what facts they want to use to establish guilt.

    It is here as a proponent of the notion that we are a Nation of laws that I weigh in. Laws designed to ensure punishment of the guilty, but also laws that theoretically are in place designed to prevent the innocent from suffering wrongful conviction and execution by overzealous prosecutions.

    One of the cornerstones of American jurisprudence is: “…It shall be the primary duty of all prosecuting attorneys, including any special prosecutors, not to convict, but to see that justice is done. They shall not suppress facts or secrete witnesses capable of establishing the innocence of the accused (Code of Criminal Procedure, Article 2.01)..."

    At the very least, Mr. Davis's sentence should be commuted from death to life imprisonment amid the serious questions that remain concerning his guilt.

    In the words of William Shakespeare, I say "Let time be the judge of all offenders." If and when we make these potential mistakes, at least we can correct it. Unfortunately, nothing we do will ever bring back the life of Officer Mark MacPhail Sr.
    Reply to this
    1. 9/22/2011 9:56 PM Anonymous wrote:
      Nice comment, I'm happy for you and your story.

      To rebut what you said, I have to say that you yourself said you don't know enough about the case to know whether Mr. Davis is innocent or guilty. But then you said that at the very least he should have his execution commuted to life. How can you decide something like that when you know nothing about the case?

      What the public wants/wanted was for their belief to be heard. I know Mr. Davis had a lot of support but that support came from an uninformed, passionate, and emotional mob. Sure they were a mob of "peace" if you will, but a mob nonetheless. As someone who has been on death row, how would it feel to have the same type of mob calling for your execution? We shouldn't encourage the public to weigh in on matters like this because public opinion isn't the law; the law is the law.

      I don't believe in murder. But I know nothing about this case and for me to argue that everyone involved with this case is wrong and that I am right, well, that would just be irresponsible of me.

      But you're right, it's sad we can't fix mist
      Reply to this
  • 9/19/2011 8:34 PM Mark A wrote:
    I wrote the board as follows:

    September 17,2011
    Mr. James E. Donald, Chair & Members
    State Board of Pardons and Paroles

    Dear Mr. Donald and Board Members:

    I write to urge no clemency for Troy Anthony Davis in the murder of Officer Mark MacPhail. This case has been more thoroughly scrutinized by the judiciary than any other capital case since capital punishment was reinstated. The so-called recantations are minimal, even
    trivial, and the testimony by the two other witnesses alone is enough to sustain a conviction. Monte Holmes, one of the two eyewitnesses, said Davis told the officer to "freeze and he froze... The policeman reached For his revolver and he [Davis] shot him." Stephen Sanders identified Davis in court and said, "you don't forget someone hat stands over and shoots someone." Many murderers have been convicted without any eyewitnesses; the testimony of Holmes and Sanders is enough to bury Davis. The board needn't even consider the testimony of the others who have made feeble attempts to change their testimony.

    The notion that Davis was framed by the police is false and insulting to the men and women of law enforcement and to
    all the prosecutors and judges who have worked on this case. In order to believe Davis was framed, one would have to believe that the police decided to let the true killer go free. And that is simply absurd. If Davis's sentence is commuted, it will he a slap in the face to the diligent law enforcement officers and officers of the court who faithfully investigated and prosecuted this case.

    If Davis is innocent, why did he flee the scene? Why did he flee Savannah for Atlanta? Why did he only end his flight when drug dealers threatened to kill him? Why did he get into a violent altercation against unarmed guards while awaiting trial? These are not the actions of the innocent.

    The masses who urge clemency are uninformed about the case. They don't know the evidence. They don't know the basic facts. They only how what
    opponents of capital punishment have told them. To their leaders, they are merely useful idiots.

    Judge Moore's ruling on the case is a masterwork that law students will be studying for decades to come. He carefully crafted a standard, following the Supreme Court's instructions, and he carefully and thoroughly weighed the evidence. He found that the so-called recantations we've heard ~about interminably amounted to much ado about
    nothing.
    Reply to this
  • 9/20/2011 8:07 AM Patti March wrote:
    BREAKING: The Georgia Board of Pardons and Paroles denies clemency to Troy Davis.

    I am relieved to see the pardon's board still has the courage to deny clemency to Troy Davis in light of all internet campains put on by the anti death penalty folks, and Amnesty International.

    My heart goes out to the family of this young officer.
    Reply to this
  • 9/21/2011 8:21 AM DahnShaulis wrote:
    State-sponsored killing is barbaric.
    Reply to this
    1. 9/21/2011 8:39 AM Patti wrote:
      Murder is barbaric. The death penalty is justice.
      Reply to this
      1. 9/23/2011 8:03 AM Erica wrote:
        "An eye for an eye makes the whole world blind!" Ghandi had a point when he made this statement. The death penalty is useless--- he should have just rotted in jail for life like everyone else... None of us were at the scene, therefore we cannot assume innocence or guilt... and even so called "eye witnesses" can fabricate what they see.. There was too much doubt in this case and when it came to that BABY killer Casey Anthony doubt set her free. There are many worse offenders that are still alive to this day and never recieved the death penalty and there was no DOUBT in their cases! I.E. Charles manson. Our justice system is flawed in so many ways and for the govnt to think that its ok to "legally" kill is just as bad as being the murderers themselves. Anyway thats what we get in a country full of so called christians--- the bible clearly states, THOU SHALT NOT KILL --reguardless of who does it! TWO WRONGS DONT MAKE A RIGHT!
        Reply to this
        1. 9/23/2011 3:31 PM Darrell Cunningham wrote:
          Once again someone quoting the bible incorrectly. The ten commandments say Thou shalt not kill. However Genesis 9:6 states "Whoso sheddeth man's blood, by man shall his blood be shed: for in the image of God made He man." And further in Deuteronomy 19:1-13 covers Gods idea about capital punishment. If you don't believe in the death penalty don't quote the bible. You will be wrong. Its easy for people to say that putting killers to death is wrong. Try having someone in your family murdered violently. It happened to me a month ago. Check out this website http://www.biblestudygames.com/biblestudies/capital punishment.htm. Capital punishment was invented by God and yes he states that the murdered be put to death by the hand of men. Religion is really a bad thing to use in these types of arguments.
          Reply to this
      2. 1/30/2012 8:47 AM C Wilk wrote:
        Death Penalty is not Justice. Murder is murder no matter how you use it. how can you be against murder but be for the death penalty. It is all a sin. Just because the state are the killers of another life. They are still killing too.
        Reply to this
  • 9/21/2011 2:53 PM John C. wrote:
    Hey DahnShaulis...What's Barbaric is the shooting of a Police officer in the Face and killing him. Justice will be served!
    Reply to this
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