Two versions of justice in Troy Davis case

By Thanh Truong, NBC News Correspondent

JACKSON, Ga. – On Highway 36 in Jackson, Ga. the truck stop across from the Georgia Diagnostic Prison is a busy place. On Wednesday morning truckers were gassing up; commuters were getting their coffee. For the most part it's an average day. But at 7 p.m. this evening, death row inmate Troy Davis is scheduled to die by lethal injection inside the prison.
 
In the days leading up to Wednesday's execution, supporters of Davis staged mass marches, protests and rallies. Those calling for a halt to his execution include everyday people, death penalty advocates and opponents alike, from President Jimmy Carter to Pope Benedict. All of them saying there's too much doubt about Davis guilt for the state to move ahead with the execution.
 
Davis was convicted for the 1989 murder of Savannah police officer Mark MacPhail. At the time, MacPhail was off duty working a security detail. Investigators say as he got off his shift, MacPhail came across a homeless man being attacked. According to police, MacPhail went to his aid but was shot in the face and chest.

Witnesses put Davis and another man at the Burger King parking lot in Savannah. They testified Davis was the triggerman. Prosecutors presented shell casings at the trial. They said those casings matched those of a previous shooting earlier that night. Davis was convicted in that previous shooting. In 1991, Davis was convicted for the MacPhail murder and was sentenced to death.  


Years of appeals
Davis has maintained his innocence through the years. Seven of the nine witnesses who testified against Davis later recanted or changed their statements. Several claimed police coercion. One of those witnesses, Jeffrey Sapp, said, "I got tired of them harassing me… I told them that Troy told me he did it, but it wasn’t true… I didn’t want to have any more problems with the cops, so I testified against Troy." 
 
Davis' defense also claims a lack of physical evidence. The murder weapon was never recovered.  All of it was presented during previous appeals and attempts at a retrial. Those attempts failed.

Prosecutors have been resolute. Joining them are the police and family of MacPhail. All say they have no doubt that Davis is the killer and deserves death.       

Davis had one last chance at clemency on Monday.  The Georgia Pardons and Parole Board heard from both the defense and prosecution. On Tuesday it denied Davis clemency. With virtually all of his legal options now exhausted, Tuesday's decision was seen as the one final shot to have Davis's sentence commuted to life in prison instead of death. Georgia's governor can not intervene. 

Two different visions of justice
Now in a matter of hours, the years of appeals, moral debates about the death penalty and pleas from both families will come to a head. I've spoken to relatives of both Davis and MacPhail. All want justice, but their visions of justice differ. 

Before the clemency hearing Davis's nephew, DeJuan Davis-Correia told me the justice they were seeking would help both families.

“We have the utmost respect for that family. I also pray at night for that family. We hope they find understanding in their hearts that we are actually trying to get the wrong person out of jail and the right person in," said Davis-Correia. 

Following Monday's hearing the family MacPhail left behind expressed their feelings. Joining his widow Joan, were his son, daughter and mother. After years of delays and hearings, they said they were thirsty for justice, not blood.

“We have lived this for 22 years. We know what the truth is and for someone to ludicrously say he [Davis] is a victim? We are the victims. Look at us. We have put up with this stuff for 22 years and it's time for justice today," said Joan MacPhail

Davis has declined to request a specific last meal.  

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I understand this is a hot topic among many folks, but the people this should effect the most (besides Troy and the family) are the ones that have recanted their stories. They supposedly lied to LEO the first time around and put this man in this position and because of those lies, no one will believe their new stories. Thanks to erroneous testimony in the original case, we may never know if he was truly innocent or guilty. I think charges should be brought against the people for false testimony. Why has it taken so long to correct the original misdeeds of the witnesses? Did they recant their testimony 22 years ago or is this new info on an old case?

  • 8 votes
Reply#1 - Wed Sep 21, 2011 12:54 PM EDT

Mike, kindly read my comments addressed to Cat below. When I first read some of these articles, I had many of the same questions you have but instead of relying on the newspaper writers to capsulize the state of this case, I went on line and looked up the actual trial transcripts, the hearing results, the Supreme Court rulings and especially the 171 page decision of the federal court in 2010. When you're done, you will most likely never trust what you read in the newspaper again because what they have led people to believe is that 7 people recanted. They didn't.

Just one recanted his entire testimony; however, at the original trial, his testimony was so unbelieveable that the jury knew he was lying and gave it no weight to begin with. Two of the others basicly stated that Davis admitted to them that he was the shooter. They now say they lied. Unfortunaltely for Davis, all that does is just eliminate them from the issue. It doesn't mean Davis wasn't the shooter, just that he supposedly didn't confess it to them. Also, they could be lying now and Davis did actually confess at the time that he was the killer. They were not eyewitnesses.

Two others have said that, if they were pressed now, they couldn't positively ID Davis now. That is completely different than saying they either misidentified him at the time or that they actually saw someone else kill the officer. To this day not one eyewitness has ever said that anyone else was the shooter. Two people have not recanted at all and the at least two of the witnesses who have allegedly recanted in affidavit form were given the opportunity to appear at the 2010 hearing. Even though they were present at the courthouse, Davis chose not to call them to give direct testimony. The court could only surmised that under cross examination their recantations would not have been believeable.

Everything I have read regarding the facts and the subsequent hearing transcripts have not convinced me that there is any reasonable doubt in Davis' conviction and sentence.

  • 7 votes
#1.1 - Wed Sep 21, 2011 3:08 PM EDT

Those responsible for this man's death will have to live with their conscience once he is found to have been innocent all along. Have a good night sleep ya'll.

  • 3 votes
#1.2 - Wed Sep 21, 2011 5:54 PM EDT

There are times I wish I could believe in the death penalty, but that would mean having a total trust in a judicial system that operates without bias and provides a quality defense no matter the financial status of the defendant. We are far from that ideal, therefore I cannot encourage death for people based on subjective testimony.

I think an equally horrible crime was committed by Wall St when their fraudulent practices so severely damaged an economy that people were thrown out of work, lost savings, and then their homes. Many of these people, so distressed to see everything they'd work for gone, took their lives, unable to endure the agony of loss.

Somehow I don't think life in prison is any gift. I'm sure it would drive me insane. But killing a person, especially without a range of irrefutable evidence, is abhorrent to me.

  • 4 votes
#1.3 - Wed Sep 21, 2011 6:04 PM EDT

I want to know how do I find the actual court documents that has been said is on the internet.

    #1.4 - Wed Sep 21, 2011 6:45 PM EDT

    I am not opponent or proponent of capital punishment, but one thing in the official court document puzzled me for a while now. After the court proceeding, Troy Davis addressed the jury and said "Spare my life. Just give me a second chance. That's all I ask." Why would someone who has supposedly not committed this heinous crime say that? Did he misspoke? Or was he honestly asking for forgiveness for the crime committed.

    • 2 votes
    #1.5 - Wed Sep 21, 2011 9:50 PM EDT

    Mike, you really sound like you think that people should have to prove their innocence. First-time negative testimony that is subsequently changed means there is less evidence of guilt.

    The other disturbing feature is that the unfortunate policeman's family wanted someone to die. They could not possibly know whether Davis did it or not, but they did just want another killing in return - and it would appear that the quicker that happened the better, regardless of guilt or innocence. I am sorry for their loss and heartache, but bad cess upon them for their shallowness.

      #1.6 - Wed Sep 21, 2011 11:25 PM EDT

      So what else is new? Just another poor, innocent Black man executed by KKK "justice". Ho hum! But, in reference to one of the posts, if "they were not eyewitnesses", then why were they allowed to perjure themselves in order that the crackers could secure their bogus conviction? I guess that what they do when they have no forensic evidence linking the suspect to the crime, especially when the victim was White and the suspect is Black.

        #1.7 - Wed Sep 21, 2011 11:28 PM EDT

        Lying under oath, in a case like this, should mean YOU get the perp's punishment (and equal time in prison). That might make some people stick closer to the truth.

        • 1 vote
        #1.8 - Thu Sep 22, 2011 12:53 AM EDT

        Thanks Aldo! I never fully trust what I read in the media, that is why I ask questions on these forums. As I said earlier, we will never know if he was guilty or innocent at this point. The only way to truly be innocent is to not be involved in evil deeds to begin with. Too many people are crucified for association alone.

        Be careful of the company you keep and the reputation you cultivate as it could one day be the deciding factor in whether you live or die.

          #1.9 - Thu Sep 22, 2011 10:26 AM EDT
          Reply

          will theldavis famaly be able to charge the parole board, police, district attoney and state officals with muder when his inocents is proven.

            Reply#2 - Wed Sep 21, 2011 1:19 PM EDT

            This is a travesty! I am pro-death penalty for those who are proven guilty. This mans' life will end today at 7:00 and he has not been proven guilty beyond reasonable doubt.

            • 5 votes
            Reply#3 - Wed Sep 21, 2011 1:59 PM EDT

            Catchick: Actually, he has been proven guilty beyond a reasonable doubt. At least 4 times. First at his original trial. 2 more times before the pardons board. The Supreme Court has looked this case twice and a Federal Appeals Court in 2010 essentially gave him the new trial he was seeking. In each of these cases Davis has had the opportunity to show his innocence either by showing he didn't do it or by showing that someone else did. He has never been able to do that. As a matter of fact, the 2010 hearing in federal court was ordered by the US Supreme Court. In that hearing, every witness in Davis' favor was given the opportunity to testify including any of the witnesses who supposedly recanted their testimony. Each and every witness was either discredited in terms of what they say now compared to what they testified to at the original trial or their stories made no material change in the crux of their testimony which was that Davis was the killer. In addition, one of the witnesses who testified and gave an affidavit "recanting" his testimony actually further pointed the finger at Davis.

            Cat, don't just read this article to form your opinion or assume that because the pope and some Hollywood celebrities have jumped on the bandwagon that this guy hasn't somehow had his day (or several) in court. Read the trial transcript, the hearing decisions and especially the 171 page decision of the appeals court where each and every bit of evidence and witness testimony was scrutinized and all have come to the same conclusion. Guilty. As another matter of fact, in the eyes of the court in 2010, Davis "didn't even come close" to establishing that if the trial were held today there would be a different outcome.

            • 7 votes
            #3.1 - Wed Sep 21, 2011 2:46 PM EDT

            No need to tell me what to read, how to read an article, or form my opinions, Aldo....I have read them and I also understand that witnesses have changed their testimonies, one juror is doubting her decision, and one person came forward claiming that someone (named) confessed to the shooting. That is not "beyond reasonable doubt". And to assume that I am starry-eyed because of the celebrity attention this case has attracted is insulting. Very smug individual, aren't you?

            • 4 votes
            #3.2 - Wed Sep 21, 2011 2:56 PM EDT

            He is clearly innocent, if anyone read the story, they would realize that Sylvester Redd Coles was the actual killer. He had the gun (which he claimed he gave away earlier in the day), he was the first person to finger Davis (he also brought his attorney with him when he did it), and he was the one fighting with the homeless guy that started the chain of events. So anyone saying he is guilty is either an idiot, or they just don't care if an innocent person gets death. The only thing putting him there, is witness' who recanted their original testimony (except for Sylvester Redd who still insists that Davis did it, coincidence?). So everyone needs to stop being so self righteous in this country and free this guy. As for the family, they are no better than the actual killer, by hoping to see this guy die.

            • 6 votes
            #3.3 - Wed Sep 21, 2011 3:06 PM EDT

            That's the problem Steve, your reading the story.

            -No eyewitness ever, at any stage has stated that Coles was the shooter.

            -Coles was not the first person to finger Davis. There were at least 4 people between the time of the shoooting, around 1:00am and 5:00am the same night who came forward and gave statements to the police as to who the shooter was. Coles arrived much later with his attorney.

            - Yes, Coles was the guy fighting with the homeless man; however, every witness (and none have changed their version on this point) stated that it was not the man (Coles) who was originally fighting with the homeless man who was the killer. They have further stated and not recanted that it was the guy (Davis) who snuck up behind the homeless guy and struck him in the head with a gun and who eventually ran from Officer McPhail and then turned and shot McPhail.

            And Cat, I'm not being smug at all, only that the more you write the more it is apparent that you know very little of the actual facts of this case and the more you're relying on what the newpapers and MSNBC and others would like you to believe what the "facts" are. I, no more than anyone else want to see an innocent man be given the death penalty. I just believe that, in this case, Davis is guilty beyond a reasonable doubt

            -

            • 6 votes
            #3.4 - Wed Sep 21, 2011 3:24 PM EDT

            And also Cat, the supposed juror who is doubting her decision has never once appeared at any hearing, given any sworn testimony as to her changing her mind nor does it appear she has ever made a statement to the Georgia pardons board about her feelings. Just who is this mystery juror?

            • 4 votes
            #3.5 - Wed Sep 21, 2011 3:33 PM EDT

            Read my lips: No evidence linking Davis. Just a muddle of half-truths and lies from alleged witnesses. Who had the gun? The guy who reported Davis. As long as the witnesses had not recanted, the courts could not ignore their testimony. Now it's likely too late. Still, enough doubt to retract the death warrant. You can't get through on the phone now, to either the D.A. or the judge. They've got their man and they intend to lynch him.

            • 6 votes
            #3.6 - Wed Sep 21, 2011 3:38 PM EDT

            Cat I am with you, not knocking what Aldo has read but too many stories have been changed everytime his case went to trial. Reasonable doubt was raised when a witness recanted his or her story, and because the claim is that Davis was convicted in a earlier shooting he shoot the officer based on shady witnesses and shell casings...WOW!!

              #3.7 - Wed Sep 21, 2011 6:50 PM EDT

              He did it. Suck it up!

                #3.8 - Thu Sep 22, 2011 6:06 AM EDT

                How many appeals did the officer who died get? How many attorneys represented him before his death? How many people kept all night vigils for him before his death? How many people held marches and protests for him before his death?? How many judges reviewed his case before he died? Did he have 22 years? As Da Bosun said "He did it. Suck it up!"

                • 1 vote
                #3.9 - Thu Sep 22, 2011 7:52 AM EDT

                Aldo - thanks for taking the time to dig into the actual source documents in this case. I hope that you or someone publishes an article or book that examines Mr. Davis' conviction in depth. In the meantime, I'd like your opinion on the people who claim that Redd Coles confessed to being the shooter.

                  #3.10 - Thu Sep 22, 2011 1:21 PM EDT
                  Reply

                  Often trials are nothing more than staged charades. This one was a classic example. He's just another "black man". After 3 months or so no one will remember his name. Let the Georgia court system hide behind the federal 1996 AEDPA. As one law enforcement officer told me; "he could'a done it, and I believe he did". Who can argue with such logic?

                  • 4 votes
                  Reply#4 - Wed Sep 21, 2011 2:56 PM EDT
                  Reply

                  No matter guilt or innocence, I am sorry that so many view justice in this case as being a life for a life.

                  • 3 votes
                  Reply#5 - Wed Sep 21, 2011 3:39 PM EDT

                  And those of you who are convinced he is innocent (even though you were not on the jury) how do you deal with the fact that earlier in the day Troy Davis shot another man in the face at a pool party in front of witnesses, left an empty shell casing at the scene and a matching shell casing was found at the scene of the murdered policeman?

                  • 5 votes
                  #5.1 - Wed Sep 21, 2011 4:26 PM EDT

                  THe man he was supposed to have shot "Cooper" testified at the trial that Davis didn't shoot him. I also wonder how Davis shot him without a gun. The only 38 caliber gun ever talked about during the trial was the one that killed the officer, and the only person who was known to own one was the witness "Coles" who told police Davis killed the officer. Coles even admitted ownong such a weapon, but said he had loaned it to a friend or lost it. According to "young" the original homeless man being beaten, it was Coles who was beating him. The bullet casing found at the scene was retrieved 2 or 3 days after the event, again by a passerby, and given to the police. The case has more holes than a sieve.

                  • 2 votes
                  #5.2 - Wed Sep 21, 2011 5:01 PM EDT

                  doesn't matter who was beating the homeless man. It only matters that when the off-duty officer came to his aid, that someone in that group shot the officer.

                    #5.3 - Wed Sep 21, 2011 8:00 PM EDT

                    Agree. Now, who shot the officer?

                      #5.4 - Wed Sep 21, 2011 11:30 PM EDT

                      Frank, there's no physical evidence connecting Troy Davis to either shooting. The two shell casings were actually apparently not a match (or at the very least, they were certainly never conclusively shown to be a match), and it's not clear that they were even from the bullets used in the crimes. And there's no evidence that Troy Davis ever owned a gun that matched the bullets or the shell casings, but Redd Coles, who was arguably the more logical suspect since he was the one who was actually arguing with the homeless person that MacPhail came to assist, did have a gun of the same caliber (which was never recovered, because he claimed that he gave it away.)

                      • 1 vote
                      #5.5 - Thu Sep 22, 2011 12:57 AM EDT
                      Reply

                      Aldo -

                      Thanks for your thoughtful comments on this very serious subject. I am out here in California and, like many, only know what I here on television or read in the newspapers. I am neither liberal nor conservative, and genuinely like to see justice served, in whichever direction the pendulum of justice needs to swing.

                      You answered one question that I had, specifically, we hear that seven people recanted, but what about the other two witnesses. Why didn't everyone recant. And if his innocence is such a slam dunk, why with all the publicity will no court or board commute his sentence.

                      The sad reality is that our news media today is about 75% "entertainment" and 25% "information." Let's not let the facts get in the way of a good story. Besides, in the sound byte world that we live in, who has time for all the facts.

                      Thanks for your help in clarifying the facts. And remember, to those who seek to beat you over the head (figuratively speaking of course) for providing the additional details, remember what Paul Simon wrote in his classic song "The Boxer":

                      "All lies and jests, still a man hears what he weants to hear and disregards the rest..."

                      • 3 votes
                      Reply#6 - Wed Sep 21, 2011 4:25 PM EDT

                      One of the 2 witnesses that didn't recant or change their testimony was Redd Coles, who's very possibly the shooter himself, and hence his testimony needs to be taken with a grain of salt, to say the least. I don't know anything about the other witness who didn't change or recant their testimony.

                      And no one is saying that his innocence is a "slam dunk". The issue is just that there's a lot of doubt about his guilt, and for many (most?) people it's profoundly immoral to execute someone when this level of doubt about their guilt exists.

                        #6.1 - Thu Sep 22, 2011 1:07 AM EDT
                        Reply

                        I don't know if the guy is guilty or innocent. I do know that every time it has been reviewed by the judicial system, the findings have been upheld.

                        Now we have a cause celeb' driven by death penalty opponents and black activists. Are the impartial. I doubt it. If they were confronted with absolute evidence of guilt, would they change their positions? I doubt it.

                        How about the witness recantations. Did these witnesses get pressure from advocates with an agenda? I don't know, but it would not be surprising.

                        It's time to put faith in the judicial system that has had every avenue exploited.

                        • 2 votes
                        Reply#7 - Wed Sep 21, 2011 4:58 PM EDT

                        @Letusreason.

                        The only factual information in your post is the record of the judicial systems review findings.

                        The part that bothers me is that you catagorize the people who don't want to see Davis put to death as opponents to the death penalty and black activists, which is not a reasonable statement considering there are people on this thread that have stated they are for the death penalty and against the putting to death of Davis. It should also be noted that there have been other advocates for the death penalty speaking out against this outside of this thread. Besides you using speculation about the way they would act you actually use the phrase "If they were confronted with absolute evidence of guilt...", which leads me to believe that you yourself don't think that the evidence that has been given is absolute.

                        Aside from interjecting your own speculation as to peoples agenda (which is not allowed in court), you fail to show any ability to administer justice in your own mind. By declaring people partial based on your speculation you remove any ability to examine their questions objectively and base it on your speculation. That means if you were convicted for violating any law, you feel, whether you are truly innocent or not, that you should get whatever sentence they hand you, and you would have no problem with that. Somehow, and I get it that I'm speculating, I think you would be outraged.

                        The judicial system is not perfect and it won't be because humans created it. The US's judicial system is one of the best in the world. But it still has flaws and we should be ever working to make it better. It is still righteous to have faith in the system and still want to improve it.

                        • 1 vote
                        #7.1 - Wed Sep 21, 2011 6:53 PM EDT
                        Reply

                        After TWENTY TWO years of appeals, supposed "recanting" by witnesses, and every other piece of anything that could be brought forward as "evidence", NO appeals court, NO jury member, NO Grand Jury has changed even a little bit on his guilt.

                        And yet what do we have? Why we have bleeding hearts in the streets not only calling for no execution, but for his actual release, not because they think he's innocent, but because they believe that the guilty have an actual right to do anything they want to with no repercussions or punishment whatsoever (That's call "progressiveness" by the way).

                        We have screams of "racism", of how minorities are executed just because of their race (and never mind that they are actually guilty of course) while forgetting that 77% of ALL executions in this country in the past 25 years have been whites.

                        The man was guilty twenty two years ago, and there hasn't been a single solitary SHRED of evidence that's changed that guilt.

                        • 1 vote
                        Reply#8 - Wed Sep 21, 2011 5:12 PM EDT

                        The problem is the paucity of actual evidence that he is GUILTY. You have to remember that, if you execute Davis, you foreclose any chance of finding and convicting the person(s) who actually DID commit the crime.

                        Are you so certain of his guilt that 1) you are willing to take the irrevocable step of executing him and 2) you have no worries about the real killer being free?

                          #8.1 - Wed Sep 21, 2011 10:42 PM EDT
                          Reply

                          Aldo, I can only pray that you are correct. Just the idea of executing an innocent man scares the crap out of me. 

                          • 1 vote
                          Reply#9 - Wed Sep 21, 2011 5:59 PM EDT

                          The thought of every civilized person should be that the killing of an innocent man scares the crap out of them. But why do people seem to forget the innocent man that was executed by Davis? He is DEAD. His wife has been a widow for 22 years. His children have had no father for 22 years. All the while every conceivable and legal maneuver was used to prove Davis innocence and they failed. Why? Because our legal system, though flawed as it is, is still the best legal system in the world. Until someone comes up with a better one, I think it's time to serve justice once and for all in this trial. It was never about race, as some people always want to make it out to be when there are white and black people involved. It's about crime and punishment. End of story. Troy can try to lie his way into heaven, but I don't think that's going to work either.

                          • 1 vote
                          #9.1 - Wed Sep 21, 2011 11:12 PM EDT

                          This is the sort of illogical thinking that leads to innocent people being convicted and possibly executed. Obviously an innocent police offer was killed and that's horrible, but no matter how horrible the crime, that doesn't mean that you convict a person, or execute them, when there appears to be reasonable doubt about their guilt. You always have to separate the desire to want to punish someone for a crime from your evaluation of what the evidence is. In this case, the evidence for this person's guilt is very weak, and that's why this case has gotten so much attention. Based on the evidence, this is a person who probably should have never been convicted in the first place, let alone executed. And executing an innocent person---if that's what has happened here---certainly does nothing in terms of achieving justice for the police officer who was killed.

                          • 1 vote
                          #9.2 - Thu Sep 22, 2011 12:44 AM EDT
                          Reply

                          It seems to me that there are enough reasons to doubt this man's guilt to stop the execution. There is no murder weapon, no hard evidence but shell casings which only prove the maybe same type of weapon was used as an earlier crime. Eyewitness accounts are notoriously fallible, and most of the witnesses recanted. There are a good number of prisoners who have been exonerated after even 20 years or more, as DNA testing not available at the time of their convictions are finally done. Not that that is the case in this instance, but at the time of their convictions, 12 jurors were also convinced beyond their reasonable doubts, yet they were wrong after all. The murder of officer MacPhail a great tragedy and grave wrongdoing by the perpetrator, but wouldn't it be worse if the wrong person were executed while the actual murderer got away with it? Two wrongs do not make a right. I am not a bleeding heart, opposed to the death penalty under any circumstances. The white supremacist convicted of that horrendous dragging death in Texas certainly deserves it. If Troy Davis committed the act he is accused of, he deserves it, too. However, in this case, there seems to me too much doubt to go forward with the execution. However, it seems there is no stopping it now.

                          • 1 vote
                          Reply#10 - Wed Sep 21, 2011 6:17 PM EDT

                          It does not matter which verson one goes. It is the fundamental right to become Americans. It is the Constitution Rights. It applies anyone who is citizen of U.S.A., including the suspect, the criminal, the decent citizens...

                          Whenever the Dept. of Justice examines any cases, it is the first thing to examine if the suspect's Constitution Right. If the suspect's Constitution Rights have been violated, there will be no case.

                          For instance, if police went to someone's home to do the search, but they forgot to get the search warrant. Then whatever the evidences the prosecutor presents on the court would be thrown out from the court. It is because of the Constitution Right.

                          Same thing as it is applied here on Mr. Davis's case. It is his Constitution Rights being volated. The prosecutor's witnesses are lying on the stand. The prosecutor has no evidence. And they push the responsibility to the defendant. And the prosecutor said to Mr. Davis, "Why don't you prove your innocence (since we had problem to prove you are guilty). If Mr.Davis cannot prove his innocence, then he must be guilty." Then it does not matter if the prosecutor has evidence anymore or the witnessess are lying on the stand.

                          This is not U.S. Constitution Right nor the practice of Dept. of Justice.

                          • 2 votes
                          Reply#11 - Wed Sep 21, 2011 6:38 PM EDT

                          As long as someone is executed is all that matters, him being actually guilty would be great but not necessary, he's black and that's close enough.

                          • 2 votes
                          Reply#12 - Wed Sep 21, 2011 6:50 PM EDT

                          Just an FYI: Young black men, who make up only about 4% of the total population in America, are responsible for over 50% of all of the murders committed in America.

                          Did you get that? A tiny portion of the population commits over half of all of the homicides !!!!!

                          Is it any wonder property values plunge when blacks move into an area? Is it any wonder you see white flight when blacks move into an area?

                          There is a reason Africa is Africa...and there is a reason America's prisons are filled with black men. Are you able to connect the dots?

                          • 1 vote
                          Reply#13 - Wed Sep 21, 2011 7:35 PM EDT

                          Paul Begala -- Your comment is racist and sickening. Criminals and bad people come in all colors of the rainbow. Not all Black people are "bad" -- just like not all White people are "good". (Let us not forget Casey Anthony, Warren Jeffs, pedophile priests, embezzlers, other serial murderes, etc., ad nauseum who happen to be "White" in color.) Would you prefer these type of "upstanding" people move into your neighborhood because they are White? A police officer was murdered and the responsible person most definitely should pay -- just like the "upstanding" White garbage executed today in Texas for the dragging murder of the Black man.

                          • 2 votes
                          #13.1 - Wed Sep 21, 2011 8:15 PM EDT

                          Mr. Begala - congratulations for having the courage to recognize reality.

                          1ad - you completely miss the point. Mr. Begala does not assert that all all black people are bad or all white people are good. The fact is that black males commit a hugely disproportionate share of murders in this country. It is also incontrovertible that the post-colonial history of sub-Saharan Africa is an unending story of civil wars, rape, mutilation and murder. It's time to connect the dots and acknowledge that Africans are by nature more violent than whites or asians.

                            #13.2 - Thu Sep 22, 2011 1:15 PM EDT
                            Reply

                            "7 out of 9 witnesses recanted" ? What about the other 25 witnesses? There were 34 witnesses at the original trial.

                            • 1 vote
                            Reply#14 - Wed Sep 21, 2011 7:50 PM EDT

                            You're confusing different meanings of the word "witness". Everyone who testifies at a trial is referred to as a "witness", but that doesn't mean they actually witnessed the crime. There were apparently 9 people who claimed they saw Davis at the scene of the crime, but 7 of them later changed or recanted their testimony. And one of the 2 witnesses who didn't change or recant their testimony was Redd Coles, who may have been the actual shooter, so his testimony is of course highly suspect.

                              #14.1 - Thu Sep 22, 2011 12:30 AM EDT
                              Reply

                              as an airman in the 50s I kept seeing the same airman everywhere on the base. I begain to assume I had a twin brother. One day in the mess hall I noted the same airman I had been seeing so frequently. I glanced the other airman stand in line to get their food and then!! there was the same guy 2 people removed from the previous "everywhere man." I kept viewing these two samples of the same person. They were slightly similar, but no way they similar enougjh in theis spot-on examination. At age 19 I realized How could eye witness testimony serve as a sure thing. I remain the same to this day; no death penalty based on eyewitness testimony; Never

                              • 2 votes
                              Reply#15 - Wed Sep 21, 2011 8:27 PM EDT

                              wow.what a day. today is my 48th birthday.i have seen alot of history in those almost 50 years.some good.some horrible. good:98% of south africans(all white) voted to end aparthied. bad:three white texans offer a ride to a black man who has never wronged them in any way and then chain him to their truck and drag him until his head comes off. good: america elects its first black president!!! bad:white policemen in new york fatally shoot an unarmed black teen out celebrating with friends before heading off to college.they never served one day in jail.the mayor supported them.the same mayor who wanted to crucify plaxico burris for stupidly shooting himself trying to bear arms for protection.today on my birthday one of the white texans was executed.in georgia a black man got a last minute stoppage of his execution for alledgedly killing a white security guard.i know the white texan was guilty. i hope the black man in georgia was innocent.my country has come a long way in my 48 years.WE STILL HAVE A WAYS TO GO.I love my country and all of its citizens.im convinced we will get there.

                                Reply#16 - Wed Sep 21, 2011 8:43 PM EDT

                                I don't understand, why do we use the death penalty in America? It can't be cheaper than incarceration. Is there a viable danger of prisoners escaping? What does the death penalty do for us? Does it deter crime? Is it necessary? Does it help us heal? ... provides an avenue for closure perhaps...

                                  Reply#17 - Wed Sep 21, 2011 9:35 PM EDT

                                  You all are leaving out a few of things. 1. Davis originally claimed he was not even there. None of the witnesses ever said he wasn't there even when recanting. Why did he lie? 2. The excluded shorts. Why try to exclude an item if it can't prove you were at least there or that you did it?. 3. Why did he "just coincidently" leave town the next day. 4. Since he was obviously there. Who does he say did it?

                                    Reply#18 - Wed Sep 21, 2011 10:32 PM EDT

                                    "Who does he say did it?" This should be obvious if you've read anything about the case. There was a man named Redd Coles who was arguing with the homeless person that the police officer, MacPhail, came to help. It would make sense for him to be the shooter, since he was arguing with the person the officer came to help, and he had a gun of the same caliber as the one that was used in the crime. (Conveniently, he claimed that he gave the gun away and it was never found.) He was also the first person to point the finger at Troy Davis, and one of only 2 witnesses against Davis who didn't change or recant their testimony. So clearly we have a very viable 2nd suspect in this case.

                                    • 1 vote
                                    #18.1 - Thu Sep 22, 2011 12:21 AM EDT
                                    Reply

                                    Guilty. Too much evidence to show otherwise. He needs to die.

                                      Reply#19 - Wed Sep 21, 2011 11:09 PM EDT

                                      Well, I think they should have looked further into the case. That only gives police the right to pin a case on any poor black guy. I am not saying that all black guys are innocent but they should still have a right to a fair trial. Do you know in the State Prison in Raleigh, NC there is a black man that has been there over forty years for stealing a black and white TV. I thought Jim Crow was gone but I guess not.

                                        Reply#20 - Thu Sep 22, 2011 12:55 AM EDT

                                        Troy Davis had years of trials NC guy-4152005. Do you really think they were all unfair? Please.....

                                          #20.1 - Thu Sep 22, 2011 12:28 PM EDT
                                          Reply

                                          Not really up on this case, but I keep seeing where (Davis) shot a person earlier at a pool party. Was there ever a trial on that case, or just the one envolving a police officer?

                                            Reply#21 - Thu Sep 22, 2011 5:15 AM EDT

                                            Wow.. you guys must have lived under a rock all your lives. This is Georgia, a historically racial biased community. Why did it take so long for witnesses to recant, they were afraid for their lives. Applaud them for gathering up enough courage to do so. Based on Georgia's history, of course the police and DA were crooked and applied coercive pressure

                                              Reply#22 - Thu Sep 22, 2011 8:37 AM EDT

                                              what im not understanding is how was he killed for a dumb reason im live in nyc and i heard that a black teen killed a black cop but he's not getting put to death and people say he did do it im not sure ( not saying he should be put death). But i looked it up and it said that he was he was a gurad at bk (sorry for the spelling). Another thing i thought of is they wanted to do this because the cop was white they wanted to put him to death but another thing people this days have to think about is that georgia was and i believe still is one of the most rasit state in the country.

                                                Reply#23 - Thu Sep 22, 2011 9:35 AM EDT

                                                Xknows I don't know how to say this any more gently...........get off the computer and sign up for a community college course. Your spelling is horrific. The benefits to you would be immeasurable!

                                                  #23.1 - Thu Sep 22, 2011 12:31 PM EDT
                                                  Reply

                                                  I witnessed law enforcment officers execute human beings without ever being held accountable. This country judicial system is run by any number of little facists in their communities. Justice is lopsided at best and based on wealth and influence. Our country is about to implode and who has been held accountable? How many deaths have resulted from the criminal elite responsible for our debacle? I don't hear any hew or cry for "Justice" for those americans.

                                                    Reply#24 - Thu Sep 22, 2011 10:09 AM EDT

                                                    I feel very sorry for the police officer's family. I am just not convinced that Mr. Davis was the triggerman. I do believe Mr. Coles could have possibly been the triggerman, and of course, to save his A$$, he is going to point the finger. If down the line it is proven that Mr. Davis wasn't the culprit, then the State of Georgia has blood on their hands. I am certain there have been so many innocent people put to death over the years. We all have to answer one day for the good and bad we do in life, I just hope that when the final truth does come out, both Troy Davis and the police officer can both rest in peace.

                                                      Reply#25 - Thu Sep 22, 2011 12:00 PM EDT
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