State may be executing innocent man

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Officer Mark MacPhail was shot and killed in Savannah Aug. 19, 1989, while responding to calls for help from a homeless man who was being pistol-whipped in a parking lot.

All witnesses agree that the assailant who assaulted the homeless man is the same man who shot and killed Officer MacPhail.

The fact that Sylvester "Red" Coles harassed the homeless man is undisputed; Coles himself admits to it. Coles has a .38 caliber weapon with a chrome finish and was seen with it that very night. Daniel Kinsman, a member of the military, said with "no doubt in my mind" that the weapon used to repeatedly shoot Officer MacPhail had a "shiny finish."

Officer MacPhail was shot with a .38 caliber.

However, Coles has never been charged with the murder. In fact, Coles went to the police the day after the shooting, with his attorney, to implicate another man, Troy Davis. So began the police department's and the city's understandably eager search for the killer of one of their own: well-loved officer, husband and father, MacPhail. The day after Coles' implication of Davis, The Savannah Evening Press ran the front-page headline, "Police push hunt for killer" prominently displaying Davis's name and photograph below.

The state tried Troy Davis for the murder. No physical evidence was provided; no weapon, no DNA, no fingerprints.

Davis is sentenced to death on the eyewitness testimony of nine people, seven of whom have since recanted, several citing police coercion in their original statements and testimony. One of the two witnesses who have not changed their stories is Sylvester Coles, the subject of multiple sworn affidavits indicating him as the killer.

The U.S. Supreme Court is scheduled to decide whether to hear Troy Davis' case on Sept. 29. But his execution is scheduled for Sept. 23.

Jill Peterson

Augusta

Comments

a different drum

Do you know if any of the statements recanting testimony of the 7 people have been published on-line and where people can read them?

a different drum

You say several witnesses cited the police coerced then into making their original statements and testimony. I would think this should be a crime -- if it is true. Especially --if an innocent person is put to death.

a different drum

Have the police ever investigated Mr. Cole? Did they check his handgun to see if it was the murder weapon?

lecochonbleu

What would it mean, BTurner, if police coercion is a crime? It's small fry in the whole businesses but an essential part also.

With the state preparing to kill a man because of 9 testimonies only where 7 are recanted and an 8th is the word of a man who some of the 7 now swear to be the killer, the police could have originally concocted lies and it would only be relatively a misdemeanour.

Or it would be that police coercion being a crime is meaningless. As people live in a world where crime is committed in extremis by the authorities, while claiming their vicitms are criminals.

As I said in a letter this morning I faxed to the Attorney General in Atlanta, clearly, large or very large doubts will always remain, [objectively] if the current decision is not changed. Humans are fallible. If you continue not doing anything for what is right, for the truth, in large part because you are ashamed of and can't understand decisions already taken by persons, you don't deserve to be in control.

While there may be sympathy for those who must take action at this late stage so justice is done because, as justus4 says, people who already gave decisions feared truth, there is no option.

a different drum

If what Jill writes in her letter is true and there was coercion of witnesses and there are sworn statements from witnesses naming someone as the murderer. I would think this would be new compelling evidence and should justify a new trial.

GnipGnop

Uh justus before you go espousing that racist "they are out to get blackie" attitude maybe you might wanna realize that it was other blacks that pointed the finger at him. You also sound like only Northerners are not racist. You might wanna spend a little more time up there. That racism you speak of runs both ways too. Now, that being said, if there is any doubt to this man's guilt we owe it to ourselves to investigate it thoroughly. I believe in the death penalty but I do not want an innocent man killed.

a different drum

lecochonbleu -- if a person commits a misdemeanor and someone dies as a result of it -- that is manslaughter. I doubt anyone would ever be charged with that.

a different drum

I found a wet site if anyone want to know more: http://www.troyanthonydavis.org/

I4PUTT

Black on black crime is a horrible problem. That may be how this was started, by one black man falsely accusing another, but more importantly we really do not want to see an innocent man die. Why have we waited so late in bringing this to light? Something's rotten in Denmark.

ibeawalkingtooldmemphis

Time for the slow drip. Some of you appear to thin all witnes testimony has changed, that's not the case. Several Eyewitnesses still confirm Davis was the shooter. I agree with Putt . That dead herring is stinking!

jillpeterson

here is a court document which is actually really easy and extremely fascinating reading. it tells quite a bit about the witnesses' stories and changes to the stories and about red coles. the way i understand it, deadlines were missed so the courts refuse to revisit the case due to procedural issues. http://www.law.emory.edu/fileadmin/personal_pages/doconnor/BriefAppellan...

jillpeterson

if you are so moved-
Contact the Georgia State Board of Pardons and Paroles
The mission of the State Board of Pardons and Paroles is to (1) protect the public by thoroughly investigating and processing inmate cases and making responsible, just, and equitable parole decisions while balancing punishment and rehabilitation, (2) respond to the needs and concerns of crime victims and their families, (3) use agency and community resources as a bridge to help parolees reach self-sufficiency and stable citizenship, and (4) supervise parolees skillfully and return to prison those who demonstrate they will not by choice abide by their release conditions.

Email the Board Members
Chairperson L.Gale Buckner gale_buckner@pap.state.ga.us
Garland Hunt garland_hunt@pap.state.ga.us
Robert Keller robert_keller@pap.state.ga.us
Milton Nix milton_nix@pap.state.ga.us
Garfield Hammonds garfield_hammonds@pap.state.ga.us

Sign a petition to the Board
http://www.ipetitio ns.com/petition/ innocencematters /index.html

ibeawalkingtooldmemphis

Thanks for the info Jill. I emailed all the board members and told them that justice has been too long in comming. Time for the slow-drip, NOW!

CoastalDawg

For the record, Troy Anthony Davis had his day in court years ago and he's had all the applicable appeals heard, has had an extended hearing before the board of pardons and paroles, at least two in fact, but no evidence to exonerate him has been presented EXCEPT the recantations of the same people who testified against him. Those people either committed perjury during the trial (a crime in itself) or they are lying now. In all these years can you imagine that Troy Anthony Davis would not have been able to get the necessary "evidence" (if it exists) to show his innocence. A jury of twelve people convicted him and he was sentenced and for all these years he has been in prison awaiting his execution. All the way to the state and federal courts, he's not been able to convince any entity of his innocence.
Yet there ARE three innocent white men from Chatham County who have been in prison for a murder that time and space would not have allowed them to commit, way back in 1991. Because they were young white soldiers with no attachments to the area and because a certain black group kept pressure on the case they were wrongly convicted. Now THERE is a story . . .

CoastalDawg

Continuing the Troy Anthony Davis "story", a young man, Mark McPhail's son, had to grow up without a father because his father was shot in the face in a parking lot outside a Burger King located at the bus station downtown in Savannah. He was working extra duty to help his family and then very young son. More than the seven people who are now lying (or lied during the trial) were witnesses and upon that investigation and the testimony of those called to the trial, Troy Anthony Davis was duly convicted. The crime is that the state has not moved forward on behalf of the people. I would never want to think that the state had executed an innocent man on my behalf; our system of trial by jury and sentences to fit the crime are the best that we have and more than twenty years have gone by, more than enough time to establish the possibility of his innocence. That establishment has not happened. The persons who are now attempting a last minute reprieve are not persons who have been connected with or to the case in any way, except of course his family and would you not expect that from them? Last week another long term death row inmate was executed after 34 years, way too long.

DoubleD

Justus, the only person keepin the black man down IS the black man.

a different drum

Cases should not take this long 17 years here and 33 years last week. The U.S. Supreme Court is scheduled to decide whether to hear Troy Davis' case on Sept. 29. But his execution is scheduled for Sept. 23. I think they should hear the case whether he is put to death or not on the 23. I think they should hear the case of Mr. Alderman that was put to death last week. It appears to me there are some constitutional issue that the court should take a look at. People are supposed to have a speedy trial yet it takes 33 years in one case and 17 in the other. I think there were issues with evidence in both these cases. If the court takes a look at these cases perhaps it will help other cases go faster.

ibeawalkingtooldmemphis

Both were/are guilty and were sentenced correctly. The only crime is that they were not executed within 2 years of the sentence!

Craig Spinks

Why didn't Ms. Peterson mention Stephen Sanders and David Lock in her letter which passionately espouses the innocence of Troy Davis?

a different drum

My point is both these cases were scheduled to be reviewed by U.S. Supreme Court and it looks like both will be put to death before this happens. Why did it take so long to get to the high court (17 in one case and 33 in the other). I think this issuse of a speedy trail should be addressed by the high court. There appears to be issues with the evidence in both case as well.

a different drum

I wonder how many hours his lawyer has billed and how many hours have the courts actually been engaged looking at this case over this 17 years period. What have they been doing to justify all this time, 17 years? The sad thing about it is the U.S. Supreme Court is scheduled to decide whether to hear Troy Davis' case on Sept. 29. But his execution is scheduled for Sept. 23. I think a person has the right to go through all the appeals process and it should take a lot less than 17 years. If we put someone to death before a higher court has made a decision -- is this justice? Why do the wheels of justice turn so slow? I think a defendant should have a right to a speedy trial and speedy appeals.

1941

Double D' Did you just see what was on CNN!!! That retard in the white house has just decided to bail out all banks, mortage companies, etc, . o you idiots keep putting those retards in office and you won;t have to worry about who is keepin the black man down, because the white man is keeping everyone down!!!So don;t talk about your taxex taking care of welfare mothers, and black people, because your taxes will be taking care of the white manCEO;S!!! After that retard in the white house leaves office, there is no way anyone can get this country back in shape.So go ahead and vote for another white retard and see what happens!!!LOL LOL LOL HE-HE- HA HA HA!!!!

jillpeterson

Mr. Spinks, i did mention mr. sanders in my original letter but i had to cut it down to 300 words so some things had to go. but i see you know this case. i also didn't mention that the state of georgia doesn't guarantee legal defense indefinitely. mr. davis did not have what any of us would hope to have in the way of legal counsel during important places in the timeline. a big problem with the courts refusing to hear new testimony is that it didn't meet the deadline. this execution has a lot to do with procedural hand-tying of the courts. as messed up as the system is, the board of parole is responsible to step in and prevent a doubtful execution unstoppable by courts due to procedural issues.

InChristLove

saywhat! I have to tell you I'm highly offended with your repeated disrespect by calling our President of the United States "retard". You may not approve of how he is running the country and that's your right but to continue to refer to him as "retard" is disgusting. Your statement "So go ahead and vote for another white retard and see what happens" just proves to me that you are a racist and only voting for Obama because he is african american.

jillpeterson

BTurner, Davis's current or most recent lawyer that i know of is a young corporate antitrust lawyer in dc who took the case pro bono. as i understand it, Davis has run out of his guaranteed legal defense. the public defense system of georgia seems incredibly underfunded and understaffed from what i'm reading.

DoubleD

When will people realize that the president is just a figure head. I'd love to see Obama make office just to imagine how people in the Government are putting him in his place every day during meetings and such.

PLAYLIKETHUNDER4

justus4,stupid as you are, even you should see that if this dispicable bully had not harrassed the homeless,owned a gun(yeah,for hunting purposes,i'm sure),had not done everything to draw the limelight, he would not have even been a player in this story,much less the convicted. it took 12 to convict only one to aquit.somebody believed the evidence ,that's for sure.

ibeawalkingtooldmemphis

Saywhat, just how stupid are you? The pres cannot bail out anyone. Your DEMOCRATIC congress must approve the spending bill and allocation of the funds. Again, just how stupid are you?

jillpeterson

troy davis has never been known to have a gun as far as i know. the other guy, one of the witnesses, is the guy with the shiny gun who was hassling the homeless guy, not davis.

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