Posts Tagged ‘miscarriage of justice’

Death row Filipina s family begs Indonesia for her life

The family of a Filipina on death row in Indonesia made a tearful appeal for her life on Wednesday, insisting that an international drug syndicate duped the single mother of two.

Mary Jane Veloso, 30, has been in an Indonesian jail for five years after being caught at Yogyakarta airport with 2.6 kilogrammes (5.73 pounds) of heroin, and is among a batch of foreigners facing imminent execution.

But in an interview with AFP in Manila, her parents and sister said a crime syndicate involving a friend had deceived her, and she did not know the drugs had been sown into her suitcase before flying from Malaysia.

“Please don’t kill my sister. She is innocent. If you kill her, you will have blood on your hands,” Veloso’s elder sister Marites Veloso-Laurente said in a plea to Indonesian President Joko Widodo.

With tears streaming down his cheeks, Veloso’s father said the syndicate that used her as an unwitting drug mule had pledged to kill all family members if they reported the racket to authorities or went to the media.

“Life’s been hard. We’ve been living in fear. My daughter’s recruiters have been threatening us – they threatened to kill us one by one,” said 59-year-old Cesar Veloso.

The family is from a poor farming town about three hours’ drive north of Manila, and Veloso had sought to provide for her two young sons by working as a maid overseas.

The single mother initially worked for nine months in Dubai in 2009 but was forced to come home after her employer tried to rape her, according to her father.

A family friend then offered Veloso work as a maid in Malaysia.

When Veloso got to Malaysia she was told the job was no longer available but there was another one in Indonesia if she flew there immediately, according to her parents.

“My sister’s a loving person, she’s so kind. But she trusts too much. We don’t engage in vices or anything illegal, no cigarettes, no alcohol,” her elder sister said.

When Veloso was arrested, her sons were aged just one and seven and they too have become victims.

“It’s as if they lost all hope… they are worried about what would happen to them if their mother never came back,” the Veloso matriarch, Celia, said as her two grandsons sat quietly next to her.

She said the eldest son, Mark Daniel Candelaria, 12, was struggling at school and may have to repeat eighth grade.

Veloso’s youngest, Mark Darren, 6, copes by singing his mother’s favourite song, a Filipino ballad called: “Just wait”, which has become an anthem of hope for the family.

Veloso’s mother, 55, insisted that if her daughter was involved in the drug trade, her family would have seen some benefits of it.

Instead, she shares a cramped brick and wood shanty with her husband and six grandchildren, including Veloso’s sons.

“We beg you, Mr Indonesian president, if my daughter was involved in drugs, we wouldn’t be this poor,” she said.

About 10 million Filipinos work overseas, with most heading abroad to escape deep poverty.

Many work in menial jobs or face dangerous work conditions, but even salaries of $300 a month are more than can be earned at home.

The government has previously warned Filipinos heading abroad about the dangers of drug traffickers trying to exploit or dupe them.

The are 125 Filipinos on death row around the world, with many of them convicted of drug trafficking, Connie Bragas-Regalado, chairperson of overseas workers’ rights group Migrante, told AFP.

The Indonesian Supreme Court last week denied Veloso’s request to review her conviction.

The Philippine government said Wednesday it would file a second appeal.

Veloso’s parents and sons also visited the Indonesian embassy in Manila on Wednesday to lodge a letter appealing to Widodo for mercy.

Aside from Veloso, convicts from Australia, Brazil, France, Ghana and Nigeria are set to face a firing squad after they had their requests for presidential clemency rejected, although a further appeal in the case of the Australians Chan and Sukumaran is planned.

The death penalty was abolished in the mainly Catholic Philippines in 2006.

The obduracy of the Indonesian government in the face of serious concerns about either the guilt of the accused or whether they deserve being executed is disgusting.

Another of the batch to be executed suffers from paranoid schizophrenia: it is a widely accepted rule of law that it is wrong to execute someone whose mental impairment may have contributed to their behaviour, as it goes to the issue of their culpability.

Rodrigo Gularte is relaxed about the death penalty. He knows it has been abolished across the world. The people that monitor and control him via satellite through the microchip they have implanted in his head have told him so.

Gularte, 42, is a deeply disturbed paranoid schizophrenic who is facing imminent execution by firing squad, along with ten others.

He has no concept of what is happening to him. When his family visits, he is constantly distracted as he searches the skies over Nusakambangan prison for the manned satellite that is stalking him.

Gularte, from Curitiba in Brazil, was arrested in 2004 with two other Brazilian couriers bringing 6kg of cocaine into Indonesia. He’d been treated for depression since his teenage years. He had become a drug addict and was an easy target for Brazil’s drug cartels, looking for people to ship cocaine to Indonesia.

Troubled teen ... Rodrigo was struggled with depression Pictures: Supplied

Troubled teen … Rodrigo struggled with depression from an early age.

Proof that Gularte was unwell was evident by what he did when he was arrested: he told police that the two men with him had nothing to do with it. He took all blame.

The two were allowed to go home to Brazil and the following year Gularte was sentenced to death.

The hearing was itself a travesty. Gularte’s mother, Clarisse, now 71, and his cousin, Angelita Muxfeldt, 49, flew to Jakarta a week after his arrest. As they waited to see Gularte, a lawyer arrived for an unexpected late-night meeting.

The lawyer said he could get them into the police station, right at that moment, to see Gularte. He was trying to show them how influential he was. They were suitably impressed, and paid him “a lot” of money.

He then abandoned his client.

When Gularte was sentenced to death in 2005, he was totally alone. The lawyer had fled with the cash, failing to tell the family and embassy officials that he was to be sentenced. He did not stand a chance.

Alatoui's wife campaigns ceaseless for him to be saved.

Alatoui’s wife campaigns ceaseless for him to be saved.

Another inmate was arrested for working on a “drugs lab” as a welder, but had no knowledge of the eventual use of the construction site he was working on and had only been there three days: he had no involvement in drug trafficking whatsoever.

Serge Atlaoui, a father of four children, was arrested near Jakarta in 2005 in a secret laboratory designed to produce ecstasy. He was sentenced to death in 2007 on drug trafficking charges. Already imprisoned in Indonesia for ten years, he has always denied the charges saying he was installing industrial machinery in what he thought was an acrylics factory. What a nightmare for him and his family and friends. The French President and Foreign Minister have campaigned vigorously for him not to be executed.

It becomes increasingly clear that these impending executions have nothing to do with justice and everything to do with playing internal politics in Indonesia. Indonesian President Widodo did not even READ the case files on these poor people before rejecting their appeals for clemency.

In reality, the only thing that may be keeping these people alive is international attention. It needs to be more embarrassing for Indonesia to carry out the death penalty than it is for them to back down.

Wellthisiswhatithink urges you to share this story, and any others you see, to ensure that the visibility of these poor people’s situations is maintained. Tweet this story, Facebook it, re-blog it. Thank you.

(From AFP, Daily Mail, Australian Broadcasting Corporation, and others)

gresteA highly-credentialled and well-respected Australian journalist (and his two Egyptian colleagues) are now in jail for at least seven years, after a farce of a trial that conclusively failed to produce any evidence that they had done anything wrong at all.

Peter Greste slammed the cage he was being held in when he heard his fate, in a mixture of distress and anger. And well he might. His family and supporters reeled with shock at both the conviction and the savagery of the sentence.

Fairfax Media laid out the background to this case.

Egypt faces international condemnation over the harsh jail sentences handed down to three al-Jazeera journalists – including Australian Peter Greste – with human rights groups describing the verdict as a black day in the country’s unrelenting assault on the freedom of expression in the press and elsewhere.

Egypt’s relentless pursuit of Greste, Canadian-Egyptian bureau chief Mohamed Fahmy and Egyptian producer Baher Mohamed was vindictive and politically motivated, Amnesty International said. Greste and Fahmy were sentenced to seven years in jail and Mohammed was sentenced to 10 years.

Al-Jazeera journalist and Australian citizen Peter Greste stands inside the defendants' cage in a courtroom during the trial.

Al-Jazeera journalist and Australian citizen Peter Greste stands inside the defendants’ cage in a courtroom during the trial. Photo: AP

The prosecution had produced no evidence to back its claims or to support a conviction, Amnesty said. Instead, the three were “pawns” in the bitter geo-political dispute between Egypt and Qatar, the oil-rich Gulf country that finances al-Jazeera.

Qatar has long been perceived as a supporter of the Muslim Brotherhood, the multinational religious and political group labelled a terrorist organisation in Egypt late last year as part of a vicious government security crackdown on the group and its supporters.

The Qatari government pumped billions of dollars in aid to support Egypt’s sinking economy during the 11-month term of the Muslim Brotherhood backed president, Mohamed Mursi.

The Australian ambassador to Egypt, Dr Ralph King, right, sits next to Andrew Greste, brother of defendant Peter Greste during the sentencing hearing.

The Australian ambassador to Egypt, Dr Ralph King, right, sits next to Andrew Greste, brother of defendant Peter Greste during the sentencing hearing. Photo: AP

Once Mursi was forced from power by the Egyptian military, acting on what it described as a groundswell of public support, the retribution against the Brotherhood and its backers was swift and brutal.

“The truth is that Mohamed Fahmy, Peter Greste and Baher Mohamed are prisoners of conscience who must be released immediately and unconditionally,” said Hassiba Hadj Sahraoui, Amnesty’s Middle East and North Africa Program Deputy Director.

As journalists in Eqypt reeled at the implied threat from the kangaroo court trial, Peter Greste’s stunned family regrouped to plan the next phase of their campaign to free him from one of Egypt’s most notorious prisons where he has spent the past six months in a 3mx4m cell with his colleagues, the censures poured in from world leaders.

The fiancee of journalist Mohamed Fahmy is consoled by a friend following the verdicts in the sentencing hearing for al-Jazeera journalists.

The fiancee of journalist Mohamed Fahmy is consoled by a friend following the verdicts in the sentencing hearing for al-Jazeera journalists. Photo: AP

Just a day after he visited Egypt to meet with President Abdel Fattah al-Sisi to announce the United States had released $US575 million in military aid that had been frozen since the ousting of Mursi last July, US Secretary of State John Kerry was scathing in his criticism of the verdict.

“Today’s conviction and chilling, draconian sentences by the Cairo Criminal Court of three al-Jazeera journalists and 15 others in a trial that lacked many fundamental norms of due process, is a deeply disturbing setback to Egypt’s transition.

Injustices like these simply cannot stand if Egypt is to move forward in the way that President al-Sisi and Foreign Minister [Sameh] Shoukry told me just yesterday that they aspire to see their country advance.”

Peter Greste (left) and his colleagues Mohamed Fadel Fahmy and Baher Mohamed listen to the verdict from inside the defendants' cage.

Peter Greste (left) and his colleagues Mohamed Fadel Fahmy and Baher Mohamed listen to the verdict from inside the defendants’ cage. Photo: AFP

Mr Kerry urged the Egyptian government to review all political sentences and verdicts pronounced during the last few years and consider all available remedies, including pardons.

But despite his strong words there was no indication that the newly unfrozen military aid (including anti-personnel helicopters) would have any human rights conditions attached.

The British Foreign Secretary William Hague confirmed Egypt’s ambassador would be summoned to the Foreign Office over the sentencing, which he described as “unacceptable”. The Dutch took similar action, with Foreign Affairs Minister Frans Timmermans confirming the Netherlands had summoned the Egyptian ambassador.

Australian Foreign Affairs Minister Julie Bishop said the government was “bitterly disappointed with the outcome” – it is understood the Egyptian ambassador to Australia would be meeting with the Department of Foreign Affairs and Trade on Tuesday.

“The Australian government is shocked at the verdict in the Peter Greste case. We are deeply dismayed by the fact that a sentence has been imposed and we are appalled by the severity of it.”

Egypt’s foreign ministry appeared to reject the wave of international criticism, putting out a statement on Monday evening claiming the country’s judiciary “enjoys full independence, and the new constitution provides safeguards to ensure media freedom and to guarantee due process in judicial proceedings”.

“The defendants in this case were arrested in accordance with warrants issued by the relevant investigative body, the Office of the Public Prosecutor; due process was adhered to with all of the defendants,” the ministry said, noting the journalists still had the right to appeal.

But the ministry’s statement fell on deaf ears.

Greste and Fahmy were sentenced to seven years in prison, while Mohamed received a 10-year term. Out of six others on trial alongside the journalists, two were acquitted and four were sentenced to seven years. The court also sentenced a number of other journalists to 10-year sentences in absentia, including al-Jazeera journalists Sue Turton and Dominic Kane, both from the UK and the Dutch journalist Rena Netjes, who has no association with al-Jazeera.

Egypt’s prosecutor general claimed the journalists had used un-licensed equipment to broadcast false information to defame and destabilise Egypt. Fahmy and Mohamed were further accused of being members of the Muslim Brotherhood. All deny the charges, as do the others who were charged and tried in absentia.

Outside the court, Greste’s brothers Andrew and Michael struggled to make sense of the guilty verdict and the harsh sentences – both have been in court over the past six months and like all observers did not see any evidence presented that backed the prosecution’s claims.

“Gutted,” Andrew Greste said when asked how he was feeling outside the court at Tora Prison in Cairo. “All those words really don’t do my emotions justice.”

Vowing that the family would fight on against the conviction, Andrew said the Egyptian authorities assured his family the trial would be fair and the justice system independent.

“It definitely wasn’t an outcome we were expecting … we have had a family representative at each of the court sessions and I find it very difficult to understand how we get a decision like that.”

“[Peter] is not going to give up,” Andrew said. “Obviously he is going to be shattered as well as I am sure it was not an outcome he was expecting.”

The family is considering both a legal appeal to Egypt’s Court of Cassation and an appeal for clemency or a pardon from President al-Sisi. The difficulty is than any judicial appeal, which should pre-date an appeal for clemency, could take six to twelve months.

The United Nations Commissioner for Human Rights Navi Pillay also condemned the al-Jazeera verdicts.

Along with Saturday’s confirmation by an Egyptian court of the death penalty for 183 Muslim Brotherhood members and supporters convicted in an earlier mass trial, the journalists’ sentences are the latest in a string of prosecutions and proceedings that have been “rife with procedural irregularities and in breach of international human rights law,” Ms Pillay said.

“It is not a crime to carry a camera, or to try to report various points of views about events,” Ms Pillay said. “It is not a crime to criticise the authorities, or to interview people who hold unpopular views.

“Journalists and civil society members should not be arrested, prosecuted, beaten up or sacked for reporting on sensitive issues. They should not be shot for trying to report or film things we, the public, have a right to know are happening.”

What can ordinary folks do?

Meanwhile, ordinary citizens of the world are left to wonder what can be done to impress upon the regime in Egypt how seriously people regard this fundamental attack on press freedom and individual rights.

Don't do business with Egypt. Full stop.

The immediate family – and the Governments concerned – must, to some degree, remain very diplomatic in their protestations for fear of enraging an already sensitive situation further, which would do Greste and his colleagues no good at all.

Even so, calls are already being made by politicians and others for formal sanctions on the Cairo regime and its supporters, such as reductions in foreign aid, financial penalties and travel bans. It is unclear whether such things may eventuate.

However such self-imposed restrictions on expressing anger need not apply to general public opinion, and the behaviour of individuals.

Eqypt relies heavily on foreign trade to support its economy.

One obvious opportunity is that if millions of people around the world decided to boycott Egyptian goods and services – and to refuse to take holidays in the country, as the Egyptians are very keen to increase their tourism trade – until Greste and his colleagues are released, and until the Government shows its bona fides on the rule of law and democratic freedom generally, then the newly-installed Egyptian regime would surely be immediately obliged to act.

So one option is to vote against this outrage with your own money. If you decided to do so, it would make sense to tweet your actions. We could suggest using the hashtag #BoycottEgypt, for example. If you do, contact the media and tell them why you intend to #BoycottEgypt until the men are released. Express your feelings to letters columns, journalists, tweet to news organisations – tell anyone and everyone. Better to tell them ten times than not tell them at all.

What else can you do?

Raise awareness. You can re-post this blog, re-tweet it, stick it on Facebook, tell your friends.

You can write, respectfully, to Egyptian embassies and to the Eqyptian government telling them why you are participating. And write to your own Government and insist they get involved. Google the details, they will be freely available.

The other opportunity is to get involved with the Amnesty International campaign to free the journos.

Take a photo of yourself holding a sign saying #freeajstaff with tape on your mouth, and make the point that journalism is not a crime. Tweet the photo using the hashtags Freeajstaff, #amnesty, #egypt, and #sisi.

(The newly elected leader of Egypt can be reached at #Sisi.)

Copy any activity to #petergreste which is the hashtag used by the Greste family to co-ordinate news and raise awareness of the case if for no other reason than to let them know they are supported.

 

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We would like to stress, we are not affiliated with any Egyptian pressure group or political movement. We long for good relations with Egypt to be re-established and we would be delighted to announce tomorrow that any boycott or any other action is unnecessary because this decision has been reversed. We do not wish to harm or disrespect the people of Egypt.

Please: act now.

Azaria Chamberlain disappearance

After 30 years, finally, the truth. Lindy and Azaria before their world was savaged and taken from them. (Photo credit: Wikipedia)

Many people have passed on since Lindy Chamberlain was wrongly convicted of the murder of her daughter, Azaria. Young people born since then will hardly begin to comprehend the obsessive interest in the case that swept Australia and, indeed, the English-speaking world. The nine-week-old baby’s disappearance from a campground at Uluru more than 30 years ago became one of Australia’s most sensational legal cases and saturated the media for years. It also spawned a popular movie, called Evil Angels (also called “A cry in the dark”) with Lindy played memorably by Meryl Streep.

It was the most horrifying examples of a miscarriage of justice, because of the complicity of the whole society in its perpetration – a grieving and bereaved pair of parents, robbed of their baby daughter in awful circumstances, clearly with no motive for such an act, were convicted and punished in an atmosphere of a public lynching. It was a riotous circus of botched forensic evidence, the refusal of authorities to consider alternate explanations other than the fact that the baby had been murdered, and the constant howl of a public scenting blood. “Surely she did it, look at her face, she doesn’t care –  doesn’t Azaria mean something about “sacrifice” – they belong to a weird religion, you know.” And so it went on, endlessly.

What is most terrifying about the case is that it was conducted in full view of the so-called impartial media, and despite the manifest failings of the case, that media largely failed to apply any intellectual rigour to the Chamberlain’s defence. Instead they were swept along by the lust of the public for a neat, sensationalist conclusion.

Canis lupus dingo Fraser Island Queensland, Au...

Canis lupus – the “Wolf Dog” – not a pet, not a friendly toy, a wild animal.

Well now the Northern Territory coroner finally found that Azaria Chamberlain was attacked or taken by a dingo in 1980. There were emotional scenes in court on Tuesday as the findings were handed down, with even the coroner’s voice quivering as she delivered what is likely to be the final chapter in a bitter legal battle.

Coroner Elizabeth Morris told a Darwin inquest on Tuesday morning that all of the evidence indicates a dingo was responsible for Azaria’s death.

“Azaria Chamberlain died at Uluru, then known as Ayers Rock, on the 17th of August 1980,” she said. “The cause of her death was as the result of being attacked and taken by a dingo. It is clear that there is evidence that a dingo is capable of attacking, taking and causing the death of young children.”

There have been four coronal inquiries, a murder trial and a royal commission into the case.

Lindy Chamberlain-Creighton was jailed for murder despite an initial inquest ruling that a dingo had killed her daughter.

The conviction was overturned in 1988 after Azaria’s mangled and torn jacket was found near a known dingo lair. What would have happened if that jacket had never been found hardly bears consideration, and yet we must consider it, because only happenstance saved Lindy from spending decades in prison, just as only happenstance – and the ignorance of justice conducted as a blood sport – saw her in there in the first place.

“Please accept my sincere sympathy on the death of your special and loved daughter and sister, Azaria,” the coroner told the family after handing down her finding. “I’m so sorry for your loss. Time does not remove the pain and sadness of the death of a child.”

Outside the court, Ms Chamberlain-Creighton fought back tears but said she was “relieved and delighted to come to the end of this saga. No longer will Australians be able to say that dingoes are not dangerous, and that they only attack if provoked. The truth is out,” Mr Chamberlain added, saying that the family welcomed “a chance to put our daughter’s spirit to rest.”

Ms Chamberlain Creighton and former husband Michael Chamberlain were applauded outside the Darwin Magistrates Court by a large media contingent and members of the public. Mr Chamberlain said the coroner’s ruling was a triumph of justice. “This battle to get to the legal truth has taken too long,” he said. “However, I am here to tell you that you can get justice even when you think that all is lost.”

Some, it appears, though, will never be convinced. At 2.38 pm on 13th June, a Yahoo poll of so-far 3,000 people (a statistically significant figure) was showing this result.

Does Lindy Chamberlain-Creighton deserve an official apology?

  • Yes (1969) 65%
  • No (1051) 35%

One can only shake one’s head sadly and wonder what, if anything, the state can do to an innocent family that does deserve an apology.

(With Yahoo, ABC and others)

Troy Davis and his family

Troy Davis and his family before the jail cut off "contact visits"

Readers of this blog will remember that I and many others spent a few weeks a while back focused with increasing horror and dread on the case of Troy Davis, an innocent man on Georgia’s Death Row who, despite all evidence against him crumbling over the course of his incarceration, and an international outcry and campaign by literally millions of people, was executed on September 21.

If you search Troy Davis on this site you will find innumerable articles outlining why he was – unquestionably – wrongly executed, to the eternal shame of all those involved in killing an innocent man.

Remember, what happened to Troy Davis could happen to anyone.

Remember, what happened to Troy Davis could happen to anyone.

Strapped to a gurney waiting for the chemicals to flood through the tubes into his veins so he could die, Troy Davis’s last words were to pray forgiveness for those about to put him to death. I have no doubt that he watches us now from somewhere in Paradise, just as I am certain that a special place in Hell has been reserved for those members of the Georgia judicial system that callously sent him there.

I spent several weeks campaigning on the Troy Davis case, but some people have spent several years, such as Jen Marlowe. Working with Amnesty International, she came to know and love the Davis family, and her work on their behalf continues – in no small part because their tragedies didn’t end with Troy’s execution.

Indeed, the tragedies didn’t even start there. Troy’s mother Virginia died suddenly in April 2011, a death her daughter Martina was sure was a result of simple heartbreak over Troy’s failure to win a commutation of his sentence. Martina herself had been struggling with breast cancer for a decade when Troy was killed; two months after burying her brother, Martina herself died.

The boy they all left behind, De’Jaun Davis-Correia, is an outstanding high school student who looked up to his uncle as a father-figure and is today hoping to attend Georgia Tech, where he wants to major in industrial engineering. It is a sign of the strength and the beauty of this family that De’Jaun is already a dedicated death penalty activist, and has been named by The Root as one of its “25 Young Futurists” for 2012.

As Emily Hauser (who wrote the original of this article, which I am merely editing) “I cannot imagine how he gets up in the morning, much less makes plans.”

But sorrow and loss aren’t the end of it. Three funerals in the space of seven months and years of cancer-related hospitalizations have resulted in bills that would overwhelm anyone.

For that reason, Jen (who is currently working on a book about Troy and Martina) is raising funds for the Davis family. Here’s the letter she sent out this week:

The Davis family lost three warriors for justice in the past seven months. Virginia Davis, the matriarch of the family, passed in April, just two weeks after the US Supreme Court denied Troy’s final appeal, paving the way for the state of Georgia to set a new execution date.

According to Martina, her mother died of a broken heart–she couldn’t bear another execution date. Troy was executed on September 21, despite an international outcry over executing a man amid such overwhelming doubt.

Troy’s sister and staunchest advocate, Martina, succumbed to her decade-long battle with cancer on December 1, exactly two months after her brother Troy’s funeral, leaving behind a teenaged son.

There are still outstanding medical and funeral bills that the Davis family must pay.

The Davis family has had to bear more tragedy and sorrow than any family should ever have to. Together, we can ensure that the financial aspect of these losses will not be a burden to them.

I have set up a simple way to contribute online to the family. I hope you will choose to help, and that you will share this information with others. All you have to do is click this link: https://www.wepay.com/donations/fund-for-troy-davis-s-family 

Any amount will be highly appreciated and will help them greatly!

Please circulate this information to others you think may be interested in helping.

Any questions can be directed to Jen Marlowe at donkeysaddle@gmail.com.

In solidarity with all the Davis family has been fighting for and in sorrow for all they have had to endure,
Jen Marlowe
Troy Davis Campaign

If you are in a position to help, please do so. I will certainly be turning out my spare change pocket to see what I can do.

As Emily says: Troy Davis is not here to help his family through this ordeal – those of us who fought for his life must now do so for him.

Perhaps, in some small way, we can all make the world a better place by getting this innocent family back on track. And pray that no member of our family is ever caught up, inextricably, in a legal nightmare that ends in their cold-blooded judicial murder.

Don’t think about doing something another time: click the link and send whatever you can, right now:

https://www.wepay.com/donations/fund-for-troy-davis-s-family

Many people have asked me for the full details of why Troy Davis should not be executed next week. Rather than express a purely personal view, I think it would be more helpful if people could read the full story from an independent source, in this case the NAACP, who yesterday delivered more than 660,000 signatures to the Georgia Paroles Board arguing that Davis’s case does not allow the death penalty to be fairly applied. You can watch the delivery of the petition here:

And there is still time – urgently – for you and your friends to sign the Amnesty International petititon here:

http://takeaction.amnestyusa.org/siteapps/advocacy/ActionItem.aspx?c=6oJCLQPAJiJUG&b=6645049&aid=12970

American residents can email the Governor of Georgia directly here:

http://gov.georgia.gov/00/gov/contact_us/0,2657,165937316_166563415,00.html

(There is a link for overseas residents to email him at the top of the form.)

Meanwhile, here are the detailed facts of the case. They reveal the iniquity of suggesting Troy Davis should be legally murdered. They are also an utter indictment of the judicial system that would allow such a thing to happen.

In its public order granting a stay of execution to Troy Davis in 2007, the Board of Pardons and Paroles set out a standard for clemency: “[The Board] will not allow an execution to proceed in this State unless and until its members are convinced that there is no doubt as to the guilt of the accused.”

Case Background

In the early morning hours of August 19, 1989, several people including Troy Davis and Sylvester “Redd” Coles were hanging out near a Burger King parking lot adjoined to a Greyhound bus station in Savannah, Georgia.  Coles started arguing with a homeless man named Larry Young, demanding that Young give him a beer.  As Young walked away, he was pistol-whipped in the head.  Police officer Mark MacPhail, serving off-duty as a security guard at the bus station, responded to a call for help.  As he came running to Young’s aid he was shot and killed by the same man who had attacked Young.  The day after the shooting, Coles went to the police station with his lawyer and said that Troy Davis was the shooter.

Major Issues in the Case

1) Witnesses Implicate a Different Man as the Shooter

Since the Board last examined Davis’ case, two additional witnesses have implicated Sylvester Coles.  First is Benjamin Gordon, who clearly testified at the 2010 federal evidentiary hearing that he saw Coles shoot Officer MacPhail.  Gordon recounted specific details of the shooting that have not been publicized and police reports hours after the shooting put him across the street from the crime scene at the moment of the shooting.  Gordon is related to Coles, has known him all his life, has been ostracized by his family for testifying and has said that he kept quiet all these years for fear of Coles retaliating against him.

Second is Quiana Glover, who, like Gordon, has no connection to Davis or his family and has known Coles most of her life.  She has sworn that she heard a flustered Coles confess in 2009 to the MacPhail murder.  Unfortunately, her testimony was excluded at the 2010 evidentiary hearing.  Several witnesses have implicated Coles in sworn statements, including two others who stated he confessed to the murder.

2) Investigation Excluded Important Figure as a Suspect

In the investigation, Coles was never treated as a suspect, despite the fact that he indisputably was the one who began the altercation with Young that led to the shooting of Officer MacPhail.  Several witnesses indicated that only one person was arguing with Young and this person was also the shooter.  Coles admitted at trial that he was arguing with Young.  Further, Coles admitted to having had a .38 caliber revolver that night, the exact type of gun used to shoot MacPhail.  There was never a search for his gun nor did he ever produce it, claiming it was lost; therefore, it could never be tested.

Of the eyewitnesses to the murder, only Coles and Darrell Collins (who tried to recant before and after trial) knew Davis.  It is critical to note how most of the eyewitnesses first identified Davis as the shooter.  Within a week of the murder, they were gathered together by the police for a reenactment of the crime at the crime scene.  By then, witnesses would have likely been exposed to Davis’ image, which was all over the local news and he was in jail as the prime suspect.  In a photographic spread of five men, Davis was the only one pictured who had been at the crime scene close to the time of the shooting.  Not only was Coles not pictured, but he was treated as the principle witness, invited to the reenactment, and treated as an innocent bystander standing alongside the other witnesses.

3) Most of State’s Witnesses Contradicted Their Testimony

Don't kill Troy Davis - there is too much doubt

Too much doubt to kill a man

Since trial in 1991, seven of the nine state trial witnesses have contradicted their testimony or admitted their testimony was false.  Additionally, several informants who testified at trial also recanted.  All of the state trial witnesses who recanted that are still alive have testified to the Board or the federal district court:

  • Kevin McQueen told the Board in 2007 that he was a jailhouse snitch and that his testimony that Troy Davis confessed to him was a complete fabrication.
  • Larry Young told the Board in 2007 that Coles, not Davis, most likely attacked and pistol-whipped him.  The record shows that the shooter attacked Young before shooting MacPhail.
  • Antoine Williams told the Board in 2008 that he had serious doubts about his identification of Davis.  Also, he told the board the shooter was the same man arguing with Young.
  • Darrell Collins recanted his police statement at trial and at the 2010 federal evidentiary hearing, testifying that the police had threatened him as an accessory if he did not implicate Troy Davis.
  • Jeffrey Sapp told the Board in 2007 that his trial testimony that Troy Davis confessed to him was a fabrication that was a result of police suggestion and intimidation.
  • Dorothy Ferrell told the Board in 2008 that she lied at trial when she confidently implicated Davis.  The shooter’s light colored skin led her to conclude before trial that Coles was the likely shooter (Coles’ complexion is lighter than Davis’, hence the nick name “Redd”).  Ferrell testified at trial that she could identify Davis, despite being positioned across a four-lane tree-lined boulevard with poor lighting conditions at 1:00am.
  • Harriet Murray (died in 2006) signed an affidavit in 2002 reaffirming her initial statements that the shooter was the same person who argued and followed Young.  She could not initially “put a face” on anyone in the lot and identified Davis only after the problematic crime reenactment.

Of the two witnesses who have not contradicted their trial testimony, one (Steven Sanders) could only identify Troy Davis at trial, two years after he told police that he “wouldn’t know the shooter again if I saw him.”  The other is Sylvester Coles, whose recantation would implicate himself.

4) New Analysis of Physical Evidence Contradicts the State’s Case

In 2008, the State submitted to the Board a report by the Georgia Bureau of Investigation (GBI) that purportedly showed the presence of blood on a pair of shorts recovered from Davis’ home in the days after the murder.  Davis’ attorneys were unaware of the existence of this report.  Following the Board’s denial of clemency in 2008, a DNA and serology expert reviewed the full GBI report.  The federal court in 2010, after reviewing the new expert analysis, concluded that “the shorts in no way linked Mr. Davis to the murder of Officer MacPhail,” and found that “it is not even clear that the substance was blood.”  The court concluded that even if the substance was blood, it “could have belonged to Mr. Davis, Mr. Larry Young, Officer MacPhail, or even [could] have gotten onto the shorts entirely apart from the events of that night.”  Therefore, the value of this item as evidence has been thoroughly challenged.

Justifications for Clemency

In 2004, Willie James Hall was granted clemency partly because former jurors said they would have voted for life without parole had it been an option.  Davis’ 1991 jury took ample time to deliberate on the sentence and asked the judge whether life without parole was an option, but it was not.  In 2007, before Davis’ first execution date, four jurors signed affidavits expressing concerns and a desire that the execution not proceed.  Juror Brenda Forest said in a TV interview, “If I knew then what I know now, Troy Davis would not be on death row…the verdict would be ‘not guilty.”

Because executive clemency exists to provide a final failsafe it is not bound by the same strict rules and procedures as the courts.  The Board is able to intervene in cases like Mr. Davis’ where the evidence is circumstantial and contradictory.  Davis’ task in federal court was to prove his innocence.  While the court felt he did not meet this admittedly “extraordinarily high” burden, serious and unresolved doubts persist.  These doubts put Georgia at risk of an irreversible and monumental mistake which could weaken public confidence in the justice system.  By following the “no doubt” standard made by the Board in 2007 and commuting Davis’ sentence to life imprisonment, today’s Board could eliminate this risk altogether by choosing to mercifully err on the side of life.

PLEASE ACT NOW. THIS MAN HAS LESS THAN ONE WEEK TO LIVE – AND GEORGIA POLICE, PROSECUTORS, GOVENOR AND PEOPLE SHOULD THINK ABOUT THIS: THE REAL MURDERER IS STILL AT LARGE.