Tag Archives: innocence

When in Doubt

July 14, 2010 at 9:02 AM

When is it OK for the state to put a prisoner to death?  We at Amnesty International of course say “Never”.  (And two-thirds of the world’s nations agree with us.)  At the other end of the spectrum, US Supreme Court Justice Antonin Scalia says the state should be free to kill someone who has been convicted and sentenced to death in a “full and fair trial”, even if he can later show he is innocent.

The judge who presided over Troy Davis’ hearing in Savannah, GA, last month is likely to come down somewhere in the middle.  But where?  Amnesty International has just released a report that discusses Davis’ hearing and assesses what guidance there is internationally on this question. It turns out the world has a pretty common-sense suggestion for us.  If there is doubt about someone’s guilt, there should be no execution.

Of course the language of the Safeguards Guaranteeing Protection of the Rights of Those Facing the Death Penalty, adopted by the United Nations Economic and Social Council in 1984 and endorsed by the UN General Assembly, is a little wordier than that, but not much:

Capital punishment may be imposed only when the guilt of the person charged is based upon clear and convincing evidence leaving no room for an alternative explanation of the facts.

The Troy Davis case is buried in doubts.  Doubts from the witnesses whose recantations were are the heart of last month’s hearing, doubts from jurors (see pages 16-17), doubts from a former Georgia Supreme Court Justice who originally upheld his conviction, and even – with over 130 exonerations from death row since the 1970s – doubts about the reliability of the criminal justice system itself.

International opinion is slowly moving towards a consensus that all executions are an affront to human rights and human dignity, and an unacceptable abuse of power by the state.  Not everyone agrees with that yet, but for now can’t we at least agree that no one should be put to death when there is so much doubt?

Troy Davis: What Will Happen Next?

July 9, 2010 at 9:53 AM

On Wednesday, lawyers for Troy Davis and the Georgia Attorney General filed briefs in response to a few questions posed by Judge William T. Moore, Jr. at the end of Davis’ June 23-24 evidentiary hearing.  A major issue the judge asked them to brief was how to interpret the “clearly establishes innocence” standard set by the U.S. Supreme Court when it ordered the hearing.

At the end of the hearing the judge made it clear that he wanted to move quickly.  We wouldn’t be surprised if he issued his ruling this month.  In his ruling, he will decide whether Troy Davis did or did not “clearly establish” his innocence, based on a legal determination of what “clearly establish” actually means.  Because Davis has already been convicted, there is no presumption of innocence and he will have to do more than just raise “reasonable doubts” about his guilt.  The burden is on Troy Davis to prove his innocence.  Therefore, we expect the “clearly establish innocence” standard to be quite high.

If the judge rules that Troy Davis did “clearly establish” his innocence, his sentence and possibly his conviction could be overturned.  The state could appeal the decision and the local DA could attempt to re-try him (though we can’t imagine what sort of case could be built at this point).  If Davis does win, it could significantly impact other cases, establishing that it is indeed unconstitutional to execute someone who is actually innocent, even if they had access to a “fair trial”.

If the judge rules that Troy Davis did not meet the high innocence standard, he would be at risk of a 4th execution date.  However, he would have an opportunity to appeal the decision and can ask for clemency from the state parole board.

The district court’s ruling will be incredibly momentous, either way.  Please stay tuned as Troy Davis is still not safe from execution.  While international human rights safeguards state that no one should face execution when there are any doubts as to the reliability of their conviction, this is not a legally established principle in the U.S. After listening to the witnesses testify in the hearing last month, it was clear to me that the doubts in Troy Davis’ case were deepened and certainly not resolved.  Please continue to educate people about the Troy Davis case and the broken system it represents.

Kevin Keith and the Witness Who Wasn't There

July 6, 2010 at 2:57 PM

A man faces execution despite a strong claim of innocence.  With a conviction based on deeply flawed witness testimony, and emerging evidence pointing to an alternative suspect, doubts about his guilt continue to grow.   Yet Kevin Keith is scheduled to be put to death by the state of Ohio on September 15.  He has a clemency hearing on August 11, and he is still hoping for a court to grant him a new trial, but time is slipping away.   It is important to ACT NOW! 

Amnesty International opposes all executions, but even death penalty supporters should be concerned when serious claims of innocence have not been heard, and serious doubts about guilt have not been resolved.

Kevin Keith has been on death row since 1994, when he was convicted of the murders of Marichell Chatman, Marchae Chatman, and Linda Chatman. The night of the shooting, Marichell’s two young cousins, who were also shot, survived. One of them, Quanita Reeves, told the police that the gunman was one of her father’s friends and not Kevin Keith.

The prosecution’s case relied on the nurse of a third survivor, Richard Warren.  Police testified that the nurse, Amy Gimmets, said that Warren had given her the name ‘Kevin’. Slight problem:  in 2007, through a comprehensive search of hospital and Ohio records, it was discovered that Amy Gimmets never existed. Amy Whisman, Warren’s actual nurse, was not told who the gunman was, and Richard Warren initially told four people he did not know who the killer was.  Kevin Keith’s attorneys have looked into Warren’s identification of Kevin Keith, and concluded that it was tainted by many factors, including a highly suggestive photo line-up where Mr. Keith’s face appeared larger than the others.

No court has ever had the entirety of new evidence before it. Some of the new evidence has been time-barred and therefore has never, and may never, be heard on its merits by any court. If Kevin Keith does not get the new trial he deserves, it is imperative that he be granted executive clemency.  No one should ever be executed, but, surely no one should be executed under these circumstances.

The Humanity of Troy Davis

June 25, 2010 at 12:13 PM

By Laura Kagel, Georgia Death Penalty Abolition Coordinator for Amnesty International USA

When I spoke with Troy Davis in Jackson prison in March, he talked about what he would do if the evidentiary hearing led to his release. One thing was sure, that he would add his energy to the movement to abolish the death penalty, but he also talked about how he would like to work with young people, to inspire them to lead good lives and stay out of trouble with the law. I have only spent time with this man on that one day, and a metal grate window separated us, but in his presence I had no doubts that he was someone who could have a positive impact on people’s lives.

In fact I knew that he already had. It is not just that he gave his younger sister the courage to walk again after suffering paralysis or that he has inspired his older sister to travel the world and talk herself hoarse campaigning for human rights.  I keep meeting people who tell me how they heard about Troy’s case and felt moved to write to him, unsure what to expect. These people end up devoted to Troy, not because they are taking sides in a legal battle in which they have a vested interest, but because they are fascinated by the radiance and good will he projects and because he offers them true friendship.

The relationships they enter into with him, both constrained and enhanced by the old-fashioned mode of communication — letter writing — are real, and the correspondents speak of the benefits of knowing him. Troy is not someone who manipulates people outside the prison in order to advance his case. He gives a piece of himself in a sincere and remarkable manner, offering advice, thoughts, ideas, and gratitude.

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Troy Davis Hearing: Day Two

June 25, 2010 at 8:22 AM

By Laura Kagel, Georgia Death Penalty Abolition Coordinator for Amnesty International USA

The evidentiary hearing in the Troy Davis case ended on a somber note today, as everyone in the courtroom was aware that a matter of life and death was being decided.  The judge will be asking the lawyers on both sides to address points of law that are still unresolved, including what standard of proof applies–in other words, what does “clearly establish his innocence” mean in terms of the evidence brought forward? In his closing remarks, Judge Moore promised not to delay, but cautioned that a ruling would not be forthcoming in the next couple of weeks.

Innocence matters. (c) Scott Langley

When he thought lawyers on both sides were addressing settled issues, the judge showed his impatience, and he seemed sincerely interested in cutting to the core of the matter. Probably it will take some time for him to decide how to weigh the evidence he has heard, and in effect to decide what the core of the matter really is.

Today the defense team poked lots of holes in the prosecution’s theory linking the pool party shooting earlier in the day with the murder of Officer MacPhail, and showed that witnesses had varying descriptions of the shooters clothing in both crimes.

The State called numerous police department witnesses to underscore that police procedure had been followed in the investigation, but on cross-examination by Troy Davis’ legal team the police investigators and their supervisor were unable to produce a convincing explanation for not treating Sylvester Coles as a suspect and even including him in a reenactment of the crime which exposed him to information about the police investigation. Coles’ admission that he was at the scene of the crime, harassed the man who was hit in the head with a gun that night and had a gun on the night of the murder, would seem to raise red flags. These obvious deficiencies in the investigation could not really be wiped away by the assertion by police and the original prosecution team witnesses that procedure was followed.

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Amnesty International USA Statement After Troy Davis Hearing

June 24, 2010 at 6:46 PM

At the close of the Troy Davis evidentiary hearing, Anne Emanuel, legal analyst for Amnesty International USA, released the following statement:

“Given the evidence that emerged from the two-day hearing it is clear that the state’s case  against Troy Davis is thin and tainted.  Today’s hearing underscores the deepening doubt that has plagued this case.  It is difficult to imagine that a jury would convict Davis today after hearing four of the witnesses who convicted Davis 19 years ago testify in open court before a judge that they lied. One eyewitness testified for the first time that he saw his relative, the alternative suspect, Sylvester “Redd” Coles, shoot police officer Mark Allen MacPhail in 1989.”

Troy Davis Media Coverage

June 24, 2010 at 9:05 AM

Here is a sampling of media coverage of the Troy Davis hearing in Savannah and events surrounding it.  Also, some great photos of scenes outside the Savannah Courthouse yesterday.

On Monday, June 21, former Georgia Supreme Court justice Norman Fletcher wrote in the Atlanta Journal Constitution about the importance of the decision of the US Supreme Court, led by retiring Justice Stevens, to grant the hearing.  That op-ed is entitled Stevens leaving legacy of judicial care.

The next day, June 22, NAACP President Benjamin Jealous wrote a special opinion piece for CNN called Death row inmate’s rare chance to prove his innocence.

Yesterday, the AJC published a preview of the hearing (Court to hear Troy Davis’ innocence claims in cop’s 1989 killing), as well as an analysis of the first day’s proceedings (Witnesses back off testimony against Troy Davis).

They also published Then and now: Witnesses change their stories – a comparison of the trial testimony that was used to convict Davis with the testimony heard on Tuesday. Local media and TV also covered the hearing throughout the day, and we expect more of the same today.

Former witnesses against Troy come clean

June 24, 2010 at 7:14 AM

By Laura Kagel, Georgia Death Penalty Abolition Coordinator for Amnesty International USA

Savannah was tranquil and warm in the early hours when people started lining up to get passes for the evidentiary hearing in the Troy Davis case. The police seemed prepared for some major disruptions, but a courteous atmosphere prevailed everywhere.

Across from the courthouse Amnesty International was a presence, along with the NAACP, under the dense foliage of Wright Square. Inside the pleasantly air-conditioned courtroom the public seemed full of anticipation and the sight of box after box of court documents entering the chamber was a sudden visual reminder of the gravity of the event.  Just before the proceedings began, Troy entered the courtroom in the company of corrections department employees. He looked straight ahead and then took a seat at the end of the row of defense lawyers and facing the witness stand. His legal team began calling witnesses straight off, because the judge had requested that they skip opening arguments.

(c) Scott Langley

The testimony of the witnesses called by the defense team really underscored the fragility of the state’s case against Troy Davis.  It was amazing to hear their stories. Over the course of the morning, the witnesses affirmed that their testimony implicating Davis was built on lies and often explained their recantations in moving ways, recounting the pressure they felt to point the finger at Troy.

Antoine Williams, who said he could not read the statement he allegedly made to the police because he can’t read, talked about being haunted with nightmares about it.  Kevin McQueen testified that he implicated Troy because he was mad at him.  When asked what he hoped to gain by his testimony today, he stated simply, “peace of mind.” When pressed about his earlier – now recanted – testimony, McQueen said adamantly, “The man did not tell me he shot anyone. Period.”

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Justice for Everyone

June 23, 2010 at 11:08 AM

It’s just after 5 am and I’m in line with the first 20 people waiting for a coveted seat in the courthouse for Troy Davis’ evidentiary hearing.  Reporters, supporters of Troy Davis, and supporters of Mark MacPhail, the victim in this tragic case, are all jumbled together.

Last night we gathered in the Davis family’s church for a vigil. Two death row exonerees spoke, including Juan Melendez.  He was on death row in Florida 17 years for a crime he didn’t commit. He shared a piece of that story and encouraged the Davis family and supporters to stay strong.  Larry Cox, AIUSA’s executive director gave an impassioned speech. He told the crowd that it was time for the characterization of this as a duel between Davis and MacPhail to end.

“How can you be for justice for one person and not be for justice for everyone?’” he asked.

Juan Melendez speaks in Savannah, June 22 - (c) Scott Langley

Larry Cox, AIUSA Executive Director, speaks in Savannah, June 22 - (c) Scott Langley

The Rev. Dr. Raphael Gamaliel Warnock of Ebenezer Baptist Church (Dr. King’s church in Atlanta) described the struggle for Troy as one for “the soul of this country.”  And he recalled the key moments when “God pressed the pause button” in Troy’s case, with one stay of execution after another.

It was a moving night. And I was once again humbled to be part of this growing movement and to experience the many miracles along the way.

We now await the first day of the hearing with much hope and anticipation. We don’t know how it will go, but we are grateful for the breakthrough that the U.S. Supreme Court created by ordering this hearing last year and we will remain watchful while the process unfolds.

Troy Davis Hearing: Landmark Opportunity for Justice

June 22, 2010 at 5:29 PM

The hearing at the Savannah federal district court tomorrow is both historic and unprecedented.  Never before has the U.S. Supreme Court ordered a hearing to determine if it is unconstitutional to execute someone who is innocent. While this hearing is of the utmost importance to Troy Davis and the entire Savannah community, it also carries great legal significance.

Following his conviction in 1991, the case against Davis has unraveled, with seven of the nine witnesses recanting or contradicting their original testimony. After spending 19 years on death row and facing three execution dates, Davis has been given an opportunity to present evidence pointing to his innocence in a court of law.

This is a momentous opportunity that Amnesty International worked for and welcomes. But the burden of proof has been turned on its head. The court has set a very high bar: rather than ‘innocent until proven guilty,’ Davis must clearly prove he is innocent.

With 138 death row prisoners having been exonerated since 1973, it is more than a possibility that innocent people will be executed in the United States. It is inevitable in a broken system. The justice system should therefore be especially concerned with cases like Davis.’

Even as truth and justice are sought, we cannot forget the tragedy of a life lost. Mark Allen MacPhail was the innocent victim of a terrible murder. It is important to remember that the Savannah community lost a brave public servant, and acknowledge Officer MacPhail’s family during this difficult time. It is our sincere hope that this hearing will shed more truth on what happened the night of his murder and that justice will finally be served.

Larry Cox is the Executive Director of  Amnesty International USA.  He is currently in Savannah, GA to attend Troy Davis’ evidentiary hearing.