Well, This Is What I Think

In the bleak hours since Troy Davis was killed for a crime he did not commit, more facts continue to emerge about the farcical state of the legal processes that condemned him to death. Apart from the fact that courts repeatedly refused to allow new evidence to be submitted on Davis’s behalf – in other words, the truth does not matter, merely the upholding of whatever legal morass is in power at the time – more evidence of the unreliability of the witnesses that were originally produced is coming out.

A member of Davis’ legal team from the Washington law firm Arnold & Porter said there was too much doubt about the eyewitness testimony at the 1991 trial to let Davis be convicted.

In a telephone interview the lawyer confirmed that the eyewitnesses included an man who initially said he could not recognize the shooter except for the clothes he was wearing; a woman who initially said she could not put a face with the shooter; a woman who said she recognized Davis in the dark from more than 120 feet away; and a man who was looking through his car’s tinted windows and said he was only 60 percent sure he could identify Davis.

“You can’t execute someone based on that kind of testimony,” the defnece team member said. “It’s unconscionable.” Nevertheless, just before 11pm on Wednesday night, the state, in our name, injected Davis with poison and killed him. His last words were to again plead his innocence directly to the family of the police officer he was wrongly accused of killing, and to pray for the souls of those about to end his life. It may strike you that these were hardly the actions of a callous murderer with nothing left to lose.

But even worse, Jennifer Dysart, an expert on the problems associated with eyewitness testimony, said she had planned to testify at Monday’s clemency hearing, but the parole board ended Davis’ presentation before she could give her presentation.

In an interview today, Dysart said numerous studies show that eyewitness testimony is unreliable and the procedures used by Savannah police in the Davis investigation would not be allowed today.

“Even if the parole board didn’t believe the recantations, there were significant problems with all the eyewitness testimony,” she said “Nothing reliable should come from that testimony. I wish the board had heard my presentation.”

Let’s just make that clear. The Parole Board simply refused to hear expert testimony, when a man’s life was at stake, and after over a million signatures requesting clemency had been collected.

I would like to suggest my readers also visit Emily Hauser’s blog, which initially alerted me to this case. Her musings after the sentence was carried out, and her suggestions for how people can maintain their rage and make a difference, are touching and well worth reading. Head to http://emilylhauserinmyhead.wordpress.com/2011/09/22/dear-readers-veteran-and-new/

It is also worth considering, I believe, how the efforts of warm-hearted people like Emily turned this case into a cause celebre that has swept the world in recent weeks. It is both a reflection of the new power associated with the Internet, and the importance of the little people, the ordinary individuals, who are prepared to stand up, perhaps for the first time, and say “Not In My Name”. In this case, it proved to be fruitless, but in other cases it will not. In the long term, we may trace major changes to the sad date of 21st Septemeber. In any event, the sheer outpouring of compassion and understanding in itself gives Troy’s dreadful sacrifice meaning. He has left the world a better place, bitter though the price was which he had to pay.

This will, except in terms of the most dramatic news coming to light, be my last post on this case. I am grateful for the very many messages of support sent to me personally, and much more grateful for those who weighed in to campaign on Troy’s behalf. It is clear to anyone except those with an emotional, legal or practical investment in seeing Troy Davis killed that a terrible, terrible wrong has been done. All we can do know is work, uncreasingly, to prevent more injustices from occuring, in America and elsewhere. In Iran a couple of days ago a 17 year old was hanged publicly for stabbing to death a much larger man who he had claimed attacked him over a raod rage incident. In China there is ample evidence that people are executed for minor crimes in order to harvest their body parts.

Until the cancer of the death penalty is removed, everywhere, the anger endures, and the fight goes on.

And last but not least: remember that if they can kill Troy Davis when the evidence against him was clearly totally flawed, when more than one million people including law enforcement officers, Presidents, politicians, churchmen and many more pleaded with them not to, then they can frame and kill you, too.

Yes, you. Or your mother, or your father. Or your husband, wife, brother or sister. Or your child.