Troy Davis executed for killing off-duty police officer

 

JACKSON, Ga. — Georgia executed Troy Davis on Wednesday night for the murder of an off-duty police officer, a crime he denied committing right to the end as supporters around the world mourned and declared that an innocent man was put to death.

Defiant to the end, he told relatives of Mark MacPhail that his 1989 slaying was not his fault. “I did not have a gun,” he insisted.

“For those about to take my life,” he told prison officials, “may God have mercy on your souls. May God bless your souls.”

Davis was declared dead at 11:08. The lethal injection began about 15 minutes earlier, after the Supreme Court rejected an 11th-hour request for a stay.

The court did not comment on its order, which came about four hours after it received the request and more than three hours after the planned execution time.

Though Davis’ attorneys said seven of nine key witnesses against him disputed all or parts of their testimony, state and federal judges repeatedly ruled against granting him a new trial. As the court losses piled up Wednesday, his offer to take a polygraph test was rejected and the pardons board refused to give him one more hearing.

Davis’ supporters staged vigils in the U.S. and Europe, declaring “I am Troy Davis” on signs, T-shirts and the Internet. Some tried increasingly frenzied measures, urging prison workers to stay home and even posting a judge’s phone number online, hoping people will press him to put a stop to the lethal injection. President Obama deflected calls for him to get involved.

“They say death row; we say hell no!” protesters shouted outside the Jackson prison where Davis was to be executed. In Washington, a crowd outside the Supreme Court yelled the same chant.

As many as 700 demonstrators gathered outside the prison as a few dozen riot police stood watch, but the crowd thinned as the night wore on and the outcome became clear. The scene turned eerily quiet as word of the high court’s decision spread, with demonstrators hugging, crying, praying, holding candles and gathering around Davis’ family.

Laura Moye of Amnesty International said the execution would be “the best argument for abolishing the death penalty.”

“The state of Georgia is about to demonstrate why government can’t be trusted with the power over life and death,” she said.

About 10 counterdemonstrators also were outside the prison, showing support for the death penalty and the family of Mark MacPhail, the man Davis was convicted of killing in 1989. MacPhail’s son and brother attended the execution.

“He had all the chances in the world,” his mother, Anneliese MacPhail, said of Davis in a telephone interview. “It has got to come to an end.”

At a Paris rally, many of the roughly 150 demonstrators carried signs emblazoned with Davis’ face. “Everyone who looks a little bit at the case knows that there is too much doubt to execute him,” Nicolas Krameyer of Amnesty International said at the protest.

Davis’ execution has been stopped three times since 2007, but on Wednesday the 42-year-old ran out of legal options.

As his last hours ticked away, an upbeat and prayerful Davis turned down an offer for a special last meal as he met with friends, family and supporters.

“Troy Davis has impacted the world,” his sister Martina Correia said at a news conference. “They say, ‘I am Troy Davis,’ in languages he can’t speak.”

His attorney Stephen Marsh said Davis would have spent part of Wednesday taking a polygraph test if pardons officials had taken his offer seriously.

“He doesn’t want to spend three hours away from his family on what could be the last day of his life if it won’t make any difference,” Marsh said.

Amnesty International says nearly 1 million people have signed a petition on Davis’ behalf. His supporters include former President Jimmy Carter, Pope Benedict XVI, a former FBI director, the NAACP, several conservative figures and many celebrities, including hip-hop star Sean “P. Diddy” Combs.

“I’m trying to bring the word to the young people: There is too much doubt,” rapper Big Boi, of the Atlanta-based group Outkast, said at a church near the prison.

The U.S. Supreme Court gave Davis an unusual opportunity to prove his innocence in a lower court last year, though the high court itself did not hear the merits of the case.

He was convicted in 1991 of killing MacPhail, who was working as a security guard at the time. MacPhail rushed to the aid of a homeless man who prosecutors said Davis was bashing with a handgun after asking him for a beer. Prosecutors said Davis had a smirk on his face as he shot the officer to death in a Burger King parking lot in Savannah.

No gun was ever found, but prosecutors say shell casings were linked to an earlier shooting for which Davis was convicted.

Witnesses placed Davis at the crime scene and identified him as the shooter, but several of them have recanted their accounts and some jurors have said they’ve changed their minds about his guilt. Others have claimed a man who was with Davis that night has told people he actually shot the officer.

“Such incredibly flawed eyewitness testimony should never be the basis for an execution,” Marsh said. “To execute someone under these circumstances would be unconscionable.”

State and federal courts, however, have repeatedly upheld Davis’ conviction. One federal judge dismissed the evidence advanced by Davis’ lawyers as “largely smoke and mirrors.”

“He has had ample time to prove his innocence,” said MacPhail’s widow, Joan MacPhail-Harris. “And he is not innocent.”

The last motion filed by Davis’ attorneys in Butts County Court challenged testimony from two witnesses and disputed testimony from the expert who linked the shell casings to the earlier shooting involving Davis. Superior Court Judge Thomas Wilson and the Georgia Supreme Court rejected the appeal, and prosecutors said the filing was just a delay tactic.

The National Association for the Advancement of Colored People, which helped lead the charge to stop the execution, said it considered asking Obama to intervene, even though he cannot grant Davis clemency for a state conviction.

Press secretary Jay Carney issued a statement saying that although Obama “has worked to ensure accuracy and fairness in the criminal justice system,” it was not appropriate for him “to weigh in on specific cases like this one, which is a state prosecution.”

Dozens of protesters outside the White House called on the president to step in, and about 12 were arrested for disobeying police orders.

Davis was not the only U.S. inmate put to death Wednesday evening. In Texas, white supremacist gang member Lawrence Russell Brewer was put to death for the 1998 dragging death of a black man, James Byrd Jr., one of the most notorious hate crime murders in recent U.S. history.

Davis’ best chance may have come last year, in a hearing ordered by the U.S. Supreme Court. It was the first time in 50 years that justices had considered a request to grant a new trial for a death row inmate.

The high court set a tough standard for Davis to exonerate himself, ruling that his attorneys must “clearly establish” Davis’ innocence – a higher bar to meet than prosecutors having to prove guilt. After the hearing judge ruled in prosecutors’ favor, the justices didn’t take up the case.

The execution drew widespread criticism in Europe, where politicians and activists made last-minute pleas for a stay.

Spencer Lawton, the district attorney who secured Davis’ conviction in 1991, said he was embarrassed for the judicial system – not because of the execution, but because it took so long to carry out.

“What we have had is a manufactured appearance of doubt which has taken on the quality of legitimate doubt itself. And all of it is exquisitely unfair,” said Lawton, who retired as Chatham County’s head prosecutor in 2008. “The good news is we live in a civilized society where questions like this are decided based on fact in open and transparent courts of law, and not on street corners.”

 

 

 

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LETTER FROM RETIRED CORRECTIONS OFFICIALS

This morning, six retired corrections officials, including Dr. Allen Ault, retired Director of the Georgia Department of Corrections and former Warden of the Georgia Diagnostic and Classification Prison where he oversaw executions for the state, have sent the following letter to Georgia Corrections Officials and Gov. Nathan Deal asking them to urge the Georgia Board of Pardons and Paroles to reconsider the decision they made on Tuesday to deny Troy Davis clemency.

 

Statement:

We write to you as former wardens and corrections officials who have had direct involvement in executions. Like few others in this country, we understand that you have a job to do in carrying out the lawful orders of the judiciary. We also understand, from our own personal experiences, the awful lifelong repercussions that come from participating in the execution of prisoners. While most of the prisoners whose executions we participated in accepted responsibility for the crimes for which they were punished, some of us have also executed prisoners who maintained their innocence until the end. It is those cases that are most haunting to an executioner.

We write to you today with the overwhelming concern that an innocent person could be executed in Georgia tonight. We know the legal process has exhausted itself in the case of Troy Anthony Davis, and yet, doubt about his guilt remains. This very fact will have an irreversible and damaging impact on your staff. Many people of significant standing share these concerns, including, notably, William Sessions, Director of the FBI under President Ronald Reagan.

Living with the nightmares is something that we know from experience. No one has the right to ask a public servant to take on a lifelong sentence of nagging doubt, and for some of us, shame and guilt. Should our justice system be causing so much harm to so many people when there is an alternative?

We urge you to ask the Georgia Board of Pardons and Paroles to reconsider their decision. Should that fail, we urge you to unburden yourselves and your staff from the pain of participating in such a questionable execution to the extent possible by allowing any personnel so inclined to opt-out of activities related to the execution of Troy Anthony Davis. Further, we urge you to provide appropriate counseling to personnel who do choose to perform their job functions related to the execution. If we may be of assistance to you moving forward, please do not hesitate to call upon any of us.

Respectfully and collegially,

Allen Ault – Retired Warden, Georgia Diagnostic & Classifications Prison

Terry Collins – Retired Director, Ohio Department of Rehabilitation and Correction

Ron McAndrew – Retired Warden, Florida State Prison

Dennis O’Neill - Retired Warden, Florida State Prison

Reginald Wilkinson – Retired Director, Ohio Department of Rehabilitation and Correction

Jeanne Woodford – Retired Warden, San Quentin State Prison

 

AUGUSTA-AREA DEATH ROW INMATES

 

Robert Arrington – Sentenced May 10, 2004, in Richmond County for beating to death Kathy Hutchens on April 13, 2001.

Dallas Holiday – Sentenced Nov. 1, 1986, in Jefferson County for the murder of Johnson Williams on March 3, 1986.

Ernest Morrison - Sentenced Nov. 1, 1987, in Richmond County for strangling Mary Griffin on Jan. 9, 1987.

Willie Palmer – Sentenced Nov. 1, 1997, in Burke County for the murder of Brenda Palmer on Sept. 10, 1995.

Reinaldo Rivera – Sentenced Jan. 26, 2004, in Richmond County for the murder of Sgt. Marni Glista on Sept. 3, 2000.

 

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