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Between Life and Execution

Kavita Chhibber - September 12, 2008

His name is Troy Anthony Davis and he is a Black man from Savannah Georgia on death row for close to 20 years.

This is a story of what can possibly happen to you and me if we were to end up in the wrong place, at the wrong time. Add a screwed up legal system, and a dash of racism, and it could be a life in a maximum security prison, with years of no redemption.
But, don’t go by his name and the color of the skin. Read this story also because it could be that one time, your activism may be the difference between life and death.

Before their life began to unravel in 1989, the Davis family lived their American dream in a middle class neighborhood, in Savannah Georgia. Troy was a good student, a caring brother who nursed a paralyzed sister back to health after dropping out of day school but graduating with Honors after attending night school. His sister Martina was in the military. Troy was headed for th Marine corps. They were a god fearing family, who says Martina, believed in God and country.

Troy was always the peace maker, the problem solver in a conflict when people were fighting.

19 August 1989-Bill Clinton was celebrating a birthday , but that night, in Savannah, near the Greyhound Bus station, events were unfolding that would forever change the lives of two families.

The sequence of events remain murky and sticky like that night, and stories have changed several times since then, as years and continuous media reports add to new twists and turns. But what has not changed is the fact that a young 27 year old Police Officer, Mark Allen MacPhail, lost his life in a senseless, brutal murder and Troy Davis was the young man who supposedly did it.

MacPhail’s senseless murder angered the police officers to such an extent that they had “Shoot to kill” orders as pictures of Troy, now rechristened the cop killer, and already condemned to being guilty even before he had been questioned flashed across the airwaves.

No murder weapon was found and there is no DNA or any other physical evidence linking Troy Davis to the murder or to an earlier shoot out that night which injured another young man Michael Cooper. Davis’s conviction came because of the testimony of nine so called eye witnesses. Leading the eye witness Parade was Sylvester “Redd” Coles. Coles has been described by many who know him as a fearsome neighborhood thug. Other eye witnesses were either those who claimed to be present at the shooting or near the crime scene and those who claimed Troy had confessed to them that he had killed Mark Macphail. What came to light soon after was the fact that Sylvester Coles supposedly had a similar .38 caliber gun, which had killed the police officer. Affidavits submitted much later from 3 people who did not testify at the Davis trial also claim that Coles, confessed to killing the officer after Davis was convicted.

Martina says she is convinced that the Police knew Troy was innocent, “but they had already turned the wheels in motion. Our family was never allowed inside the courtroom during the trial. They were able to be there only on the day he had been convicted and the prosecutors said they would seek the death penalty.” She also believes Coles is the one the Police should be questioning. “I talked to some body who knows Coles and who calls me to tell me where he is and I was told that when he is drunk he brags about the murder and no body does anything about it.”

Seven of the 9 eye witnesses have recanted their testimony since then citing police coercion. Several members of the jury who had sentenced Troy to death, have sent sworn statements saying the jury’s decision was based on incomplete and unreliable evidence. The murky timeline of the events of that night, the recanted eye witness statements, have ensured there is nothing black and white about this case. Add to that accusations of Police being blind sided by the intense pressure to find the killer of a fellow officer, and police coercion, and the plot thickens even more.

Martina says that there is no reason for these eye witnesses to come forward now. They are not related to each other, they don’t cross paths, and they don’t work together. Why would they stick their necks out now and deal with all the hassles that go with it?

By now most people would think that there was enough in the case for it to be granted a retrial, but Troy Davis’s life is caught up in legal knots that has many wondering about an urgent need for reforming Georgia’s judicial system.

This lack of diligence combined with the anti terrorism and death penalty act signed by Clinton in 1996, and the Georgia Resource center, (that provides lawyers to death row inmates) crumbling under massive budget cuts resulted in the inability to investigate Troy’s case until after the expiration of the statute of limitations on new evidence.

Most people who have followed the case, or researched it say the evidence, the way the case was handled, the recanting, and the legal jargon, makes it all very confusing and unclear

One thing however stands out very clearly for most people aware of the case. If Troy Davis is executed, the justice system would have failed.

Troy Davis will die on the 23rd of September if the Georgia State Parole Board does not change its mind and commute his sentence. They are the sole body vested with the powers to deny or decide to execute a death row inmate.

Martina thinks that the internet, the international interest and the intervention of Amnesty International has managed to make everyone take a second look at the case, or Troy would have been put to death long ago.

What has been interesting to see is that many prominent personalities who are pro death penalty have pleaded on Troy’s behalf. The reason for that is the question that every one has begun to ask-is the justice system in Georgia functioning as it should? This case has raised issues that affect far more people than Troy Davis.

The new execution date has again been set for September 23rd 2008.

Update: 9/13/2008
In an exclusive interview Martina Correia said that the rally held to show support for Troy Davis on 9/11/2008 was a huge success. Sahil Khatod says that this was in spite of the fact that this rally had been planned a day after the US Supreme court was to look at the case, on the 29th of this month. The fact that the execution date was suddenly announced to be the 23rd was to upset the preparations, but every one chipped in and hundreds of people showed up for the rally in spite of only a few days available to get it organized. Sahil who went to several events to raise awareness and distribute thousands of flyers for the event that was to have thousands of supporters, says this was still an amazing event.
Martina adds “We had representatives from many organizations present-from Amnesty International, NAACP, ACLU and others, and we had people honking their cars asking that we put posters on their windows. We ran out of T-shirts for Troy." Troy spoke about his innocence on Martina's cell phone, during the rally.
The next morning when Martina, her lawyers and witnesses appeared before the Parole Board, she says the only thing she found a bit strange was the fact that the new Chair person Gale Buckner was being nice unlike the last time when she came across as hostile. Witness after witness came forward to talk about police and prosecutorial coercion and misconduct. At one point when one of the witnesses said how she was asked not to change her story then by the Prosecutors for fear of perjury, Martina says Gale Buckner got very agitated and said to the witness, are you telling me you lied then?" The witness said, “Yes I was lying and I told the prosecutors it wasn’t Troy.
Martina adds, “The Board had enough information the first time to know that this case was full of inconsistencies and this time around compounded with all that they heard, it was more than enough not just to commute his sentence but to pardon Troy. Buckner also told me that the Board will not be making any decision for the next 3-4 days because they have so much information to go through. It was shocking for me then to be called in barely 30 minutes after the Prosecutors had come out after presenting their case, to find out that they had a typed statement ready and had called a press conference to say that they were denying clemency to Troy.
My lawyers told me it was obviously a premeditated decision and the statement had already been typed in advance. So they just went through this fake motion of having a clemency hearing. I think they cut some backdoor deal with the Prosecutors before hand and since the Board is not accountable for its decisions they can do whatever they want. This is the election year and they want this case out of the way, but they don’t realize what they have done. They have lit the fire under themselves. All the organizations are in conference this weekend and we are also requesting all the people to please write letters/emails and faxes to the US Supreme Court, the Attorney General’s office and the President, to ask for this case to be reopened and re-tried. We want to shame Georgia and the Parole Board into realizing this kind of ingrained racism cannot go on. Even if they thought Troy was guilty before, they have enough evidence to know this is not a case beyond a reasonable doubt to execute him. It is unprecedented, ever in criminal history that 7 out of the 9 witnesses would recant their testimony, and they still think that is not enough to give him clemency? We want to bring to light how the Parole Board works. They have to explain how they arrived at this decision. I want the grass roots community and the national press to give their support. We are not giving up. So far the justice system has failed us and we cannot let this go unnoticed.”
Martina went to see Troy today and said he was reading his Bible and said he will pray harder and not let anything deter him from his faith in God. “ He does not want to be a martyr, he does not want to die for something he didn’t do, but he knows there is a possibility they will go ahead and he said-what can they do? They can only take my physical body away from me-nothing beyond that. He was more concerned about us, and the people all over the world who have supported him.”
Troy’s lawyers are looking at all options at this time. The Parole Board can re open this case and re review their decision. It is really important for everyone to continue writing to the Board condemning this decision. Please support this effort. Contact your local political and social organizations and leaders. Injustice is color blind and the more apathy we show, the more we make ourselves vulnerable to something similar happening to us, if we happened to be in the wrong place-at the wrong time.

Please go to http://www.kavitachhibber.com/main/main.jsp?id=troy_davis_story, and read the whole story. Please send emails to the Parole board. The information is given in the article.
Thanks

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Posted by Kavita Chhibber at September 12, 2008 08:45 AM

Comments

It definitely sounds like injustice.
The main thing that actually jumped out at me was that if his family was banned from attending his trial, that would be illegal as closed or secretive or even partially secretive trials are not allowed in this country.
Sounds like major injustice.

1. Posted by Olivia on September 12, 2008 10:37 AM

maybe the federal gov't or the US Supreme Court should step in to do all that is necessary to save an "innocent" man's life!

if this inmate was white, would he have been dealt with differently by the Georgia judicial system...one must wonder? damn!

2. Posted by Diablo on September 12, 2008 12:22 PM

Dear Kavita,

I hope all Intentbloggers will answer your call to rally behind Troy Davis and to ask for the commutation of his sentence. Ther are too many loopholes in our justice system which prevent the proper representation for many, many people.

He deserves a proper chance to prove his case.

Best Wishes,

"Betsy" S.

3. Posted by "Betsy" S. on September 12, 2008 12:23 PM

Dear Kavita,

Diablo has asked, "If this inmate was white, would he have been dealt with differently by the Georgia judicial system?"

That is an open question, however, I believe it is more about a judiciary system gone mad. Today there appears to be more consideration by the courts given to the Letter of the Law than to Compassion and Humane Concerns.

I will never forget the case of Terry Schindler Schiavo (a brain damaged white woman) in Florida who was allowed to die on March 31, 2005. She was purposefully denied food and water by her husband by his use of the legal system to accomplish this unbelievable act. Terry Schiavo's parents fought for her life and lost. Terry's nurses had reported that she was responsive to them during their terms of administrating care to her. Her parents swore that she communicated with them. Nobody would listen to them.

Governor Jeb Bush of Florida would not intercede to prevent this injustice because he was afraid to oppose the courts. It was a real horror to watch the unfoldment of this miscarriage of justice.

It's the judiciary system minus the compassion factor that is causing these injustices.

Best Wishes,

"Betsy" S.

4. Posted by "Betsy" S. on September 12, 2008 01:05 PM

Thank you for reading this. The detailed article I wrote has a link to a 2 year investigation done by the biggest newspaper in the Southeast-the Atlanta Journal and Constitution and it details how racism affects decision, and how the death penalty is as unpredictable as a bolt of lighting in the State of Georgia. Savannah is a city that was extremely racist in the 1980s, their main newspaper was openly biased and there were very few black police officers, and no internet to find alternative opinions. 95 percent of the people considered Troy Davis guilty and the fact that he was a poor black man played a huge part in his arrest and indictment. The Police to this day have not asked him what happened that night. It is shocking that when 7 out of 9 witnesses have recanted their testimony and if you read my detailed report you'll find that even the prosecuting DA has not denied coercion playing a part, that Troy Davis would be denied a retrial. The US Supreme Court has upheld the Georgia Supreme court's decision of not giving him a retrial because the new evidence was not presented on time(that too is another story of bad luck, negligence and so on) and I was told that half of the justices at the Georgia Supreme court didn't even bother to show up at the hearing.
If you are poor and black in Georgia and happen to be in the most racist part of town-(Chatham county in Savannah has more young black males in jail per capita than even a big city like Atlanta) your options seem to vanish very quickly.
For me Troy Davis was a vague name until a student activist with Amnesty International met me last wednesday and requested I look into this case. Poring through thousands of pages of testimony, investigative reporting, and conversations with Troy's sister were enough to convince me that the Parole Board will have blood on their hands and their conscience if they go through with this execution. Please do go on my website. The article was too long to post here. Links are given right from my home page to sign an email to the Parole Board.

5. Posted by Kavita Chhibber on September 12, 2008 01:29 PM

This is an injustice, that justice has a price, that one must be able to afford it. In fact I think this could be argued as a breech of the constitution.

The court system and the criminal justice system is now a profit center, these are people that make money off of the criminals that the design of society creates. The police and many lawyers depend on crime for a living. I have studied the system and know it's flaws.

It is my understanding that court fees actually end up in a fund for the judges this would seem to be a conflict of interest.

If you all really care, then help bring down the ego empire and implement transparency and collective control.

It won't be as hard as you think, you will need to study, and all it will take is a few mouse clicks and the directing of energy and power to the correct agents.

6. Posted by Richard Thomas ∞Φ on September 12, 2008 02:02 PM

Just heard from his sister. Troy was denied clemency. So he dies on 23 September

7. Posted by Kavita Chhibber on September 12, 2008 02:33 PM

Dear Kavita,

Is there no recourse available? Can't appeals be made to the Governor on the basis of a major public outcry or can't any major news agency be enjoined to take up the fight?

"Betsy" S.

8. Posted by "Betsy" S. on September 12, 2008 03:29 PM

Dear Kavita,

A thought just occurred to me. If someone were to contact David Axelrod, Obama's chief advisor, and suggest that it might be a good strategy to take on this issue as one that would demonstrate Obama's concern for the common citizen, then there would be a lot more press coverage and Obama would be seen as a champion of the ordinary man.

If the Georgia political machine could be challenged to "get in step" with the nation by recognizing the rights of all without regard to race, they might be shamed into seeing things differently. They should be exposed in their primitive approach to the criminal justice system.

This is one possible way of gaining more publicity and public outcry on this issue.

"Betsy" S.

9. Posted by "Betsy" S. on September 12, 2008 04:38 PM

Aloha Everyone

There is a law of retraction, his soul is blessed. May peace be bestowed on his family in this Holy Instant. love patty

10. Posted by patty on September 12, 2008 04:52 PM

Hello Kavita,

I did go to your website and read that the petition for clemency had been turned down. I would imagine that there is still an opportunity to free Troy Davis before September 23. I did not find the link to sign a petition for his clemency.

I did find a link to his website and read all the numbers of people who have pleaded on his behalf.

He has served time for 17 years and this is a very well known case I can see from all the numerous letters sent on his behalf. All that one can do now is to wait to see how the citizens of Georgia will respond. I did read that the citizens of Savannah are surprised that he had not been executed long before this.

Likewise, I am interested in what has happened to Sylvester Cole who has by word of mouth also said to have confessed to this crime.

I did read in the article that the rule of beyond reasonable doubt does apply in this case. It seemed to me as I was reading all of this that there was a lot of reasonable doubt so that the jury should not have convicted. The fact that a friend of the family was not present at the trial is peculiar to my mind, but the court transcript should be on record to know what exactly occurred in the courtroom that day.

I spent time as a court reporter, and I know that in Savannah, GA. a court reporter should have recorded the trial and all does rest on that.

I will pray for you, and hope that hearts and minds in Georgia will be affected so that a ruling of some kind that is fair and just will be exacted. God's will be done. I am happy that Troy has peace within himself and has found peace in God. He has certainly had a very harsh and unhappy experience dealt to him in these past years, but fortunately, has had many friends who have stood by him. He is a very fortunate person in that respect.

God be with you, and may all your wishes come true.

11. Posted by arizonasunset on September 12, 2008 06:39 PM

Hi Arizonasunset,
The link to the parole board has been put at the bottom of the main article. Its also linked from the homepage.
Thanks everyone for your comments. Unfortunately GA is one of the only 3 states where the Governor has no executive power. The decision is made by the Parole Board. Regarding press coverage, contacting Obama's chief advisor, the Board has disregarded letters from Pope Benedict, Desmond Tutu, Bob Barr to name a few (Barr btw is pro death penalty) and the thousands of letters from all over the world. No case has received so much coverage since Amnesty International took up this case as well and the head of Amnesty International USA was at the rally attended by thousands seeking clemency.
At this point there is no other recourse, unless a miracle happens. This is one of the those times when I feel ashamed to be part of an inhuman race that lacks integrity. The speed with which the Board handed down their verdict convinces me this clemency hearing was a sham and they had already made up their mind.

12. Posted by Kavita Chhibber on September 12, 2008 07:50 PM

ACLU's Christopher Hill writes at Daily Kos:

Almost Certainly Innocent, Troy Anthony Davis Receives Another Execution Date
by ACLU

Tue Sep 09, 2008 at 10:26:23 AM PDT

By Christopher Hill, State Strategies Coordinator, ACLU Capital Punishment Project

Troy Anthony Davis almost certainly is innocent, but that has not stopped the State of Georgia from giving him a new execution date: September 23, 2008. A hearing on his case is scheduled before the State of Georgia Board of Pardons and Parole on Friday, September 12, 2008 at 9:00 a.m. It is imperative that the board receive notes, emails and calls from people who want to try and stop this injustice.

https://secure.aclu.org/site/Advocacy?pagename=homepage&id=906&page=UserAction&s_src=blog

ACLU's diary :: ::

An African-American, Davis was convicted of the murder of off-duty Savannah Police Officer Mark MacPhail in 1991. No physical evidence links him to the crime, and he has steadfastly maintained his innocence. Nine non-police witnesses testified against him at trial, but all but two of these witnesses have recanted their statements. Some claim that they were coerced by police to say that Davis was the murderer.

One of the witnesses who did not recant was seen acting suspiciously the night of Officer MacPhail's murder and has been heard boasting that he killed an off-duty police officer.

In 2007, Davis was one day away from being executed, but the Georgia Board of Pardons and Parole voted to give him a 90-day stay because of the injustice in his case — an injustice that moved death penalty proponent Judge William Sessions, former Director of the Federal Bureau of Investigation, to write the Board of Pardons and Parole on Davis's behalf.

Subsequently, the Georgia Supreme Court agreed to hear Davis's motion for a new trial, but then denied the motion on technical, procedural grounds. Dissenting, Chief Justice Leah Sears wrote (PDF):

"...I believe that this case illustrates that this Court's approach to extraordinary motions for new trials based on new evidence is overly rigid and fails to allow an adequate inquiry into the fundamental question, which is whether or not an innocent person might have been convicted or even, in this case, might be put to death."

http://www.gasupreme.us/pdf/s07a1758.pdf

The Troy Davis case is yet another example of our criminal justice system's inability to ensure beyond reasonable doubt that only the guilty are convicted at trial and sentenced to death. In the last 35 years, 129 innocent people have been released from death row. Five of the exonerees are from Georgia. In many cases, people have been released because of law enforcement misconduct. In two of the five Georgia exonerations, evidence was withheld from the defense.

It is understandable that when a police officer is killed his fellow officers desperately want the culprit convicted. It is unacceptable when those officers intimidate witnesses to ensure a conviction. In Davis's case, an illiterate man signed a statement he could not read because he was threatened with criminal charges.

The Troy Davis case also is an example of a less obvious problem with our criminal justice system — that the ever-increasing number of procedural hurdles erected by courts and legislators to deny death-row inmates relief and expedite their executions has seriously eroded the system's ability to correct its mistakes.

Troy Davis cannot prove his innocence to all naysayers because in his case, as in 90 percent of all murder cases, there is no DNA evidence that can be tested to exclude him as the culprit.

Nevertheless, given the serious questions about his guilt, Troy Davis must not be executed. Act now: Write Georgia's State Board of Pardons and Paroles and ask them to commute Troy's death sentence.

https://secure.aclu.org/site/Advocacy?pagename=homepage&id=906&page=UserAction&s_src=blog

13. Posted by Scott Tiger on September 12, 2008 09:06 PM

maybe you would enjoy using this pared-down letter to send to Georgia's State Board of Pardons & Paroles from the ACLU or Amnesty USA websites (creatively cannibalized by me from Amnesty USA's longer version)

https://secure.aclu.org/site/Advocacy?pagename=homepage&id=906&page=UserAction&s_src=blog

http://www.amnestyusa.org/death-penalty/page.do?id=1011005&n1=3&n2=28

To: State Board of Pardons & Paroles
Regarding: Clemency for Troy Davis

Dear Georgia State Board of Pardons & Paroles:

Thank you for your July 2007 decision to stay the execution of Troy Anthony Davis after considering evidence of his innocence and stating that 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."

Appeals to the State's higher courts to consider such evidence of Davis's innocence have been repeatedly denied for procedural reasons, and the Georgia Supreme Court has denied him a hearing. Therefore, uncertainty as to his guilt will always remain, especially given the increasingly strong and convincing claims that Davis did not in fact commit the crime. And now, despite these very creditable claims, the State of Georgia plans to go ahead and proceed with the execution.

I hope that the Board will once again "not allow an execution to proceed in this State unless and until the Board Members are convinced that there is no doubt as to the guilt of the accused," and I respectfully urge the Board to demonstrate its continuing strong commitment to fairness and justice by commuting the death sentence of Troy Anthony Davis.

Thank you for your kind consideration.

Sincerely,

14. Posted by Jane on September 12, 2008 09:39 PM

"Troy Davis will die on the 23rd of September if the Georgia State Parole Board does not change its mind and commute his sentence."--KC

As Kavita Chibber wrote in her post #12, it's going to take a 'miracle' now.

On Friday, 12 September 2008, despite the fact that 20,000 supporters for Troy Davis called a rally the day before, the Georgia Board of Pardon and Paroles denied clemency for Davis, though the U.S. Supreme Court is scheduled to discuss whether to hear the case a week after the execution date:

FINALITY OVER FAIRNESS

UPDATE: TROY DAVIS' APPEAL FOR CLEMENCY HAS BEEN DENIED

EXECUTION DATE SET: SEPTEMBER 23 AT 7 p.m.

http://www.amnestyusa.org/death-penalty/troy-davis-finality-over-fairness/page.do?id=1011343&n1=3&n2=28&n3=1412

15. Posted by Scott Tiger on September 12, 2008 10:03 PM

I'm ashamed.

16. Posted by Ed on September 13, 2008 12:00 AM

I spoke with Troy's sister Martina today and they are going to appeal to the US Supreme Court for an emergency Stay as the Supreme Court was going to review the case on 29th September. She confirmed that after telling her and the lawyers that they would take 3-4 days to decide, the Parole Board met with the Prosecutors and within half an hour came out with a typed press release and the decision to execute Troy.
You can do your bit by writing/emailing the following entities..US Supreme Court Chief Justice does not have an email address but please do write him a letter.

The Justices do not have e-mail addresses, but you can write to them at:

Chief Justice John G Roberts Jr.
Supreme Court of the United States
One First Street N.E.
Washington, DC 20543

White House

President George W Bush
1600 Pennsylvania Avenue NW
Washington DC 20500

Phone Numbers

Comments: 202-456-1111
Switchboard: 202-456-1414
FAX: 202-456-2461

Email: comments@whitehouse.gov

Attorney General Michael Mukasey

U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

Department of Justice Main Switchboard - 202-514-2000

Office of the Attorney General - 202-353-1555

Email:AskDOJ@usdoj.gov.

17. Posted by Kavita Chhibber on September 13, 2008 08:00 AM

Board member names
Member's name Start Date Term End Date
Garfield Hammonds, Jr. 10-Jan-1995 31-Dec-2008
Milton E. Nix, Jr. 13-Jun-2002 31-Dec-2009
Garland R. Hunt, Esq. 21-Jan-2004 31-Dec-2010
L. Gale Buckner 1-Jan-2005 31-Dec-2011
Robert E. Keller 3-Jan-2007 31-Dec-2013

click my name to see them.

18. Posted by Richard Thomas ∞Φ on September 13, 2008 08:10 AM

Kavita perhaps this might help the endeavor.

My thoughts to the board and others involved with decisions in this matter are.

I understand you want to make a statement regarding the death of this off duty police officer; that that are severe repercussions for killing a member of law enforcement.

On the other hand there are at least 20,000 people that have looked at the situation and see that it might be possible that this man is innocent. If there is a possibility then there is not certainty that he did it. If it is possible that he did not do it, then it is possible that another crime will be committed, the execution of an innocent man.

The execution of a man that may be innocent is as great a tragedy as the killing of this police officer. It is possible that you may commit the same crime for which the accused is being executed for.

From a wisdom based perspective which would be the thinking of a judge ruling in this matter.

If this many people believe this man to be innocent it must indicate that something is not exactly perfect in this picture of his conviction. A matter this serious, involving a human life demands perfection and there can be no error.

If you execute him, then this will color the perspective of these individuals and society regarding the criminal justice system it will not engender good will towards law enforcement in fact it might engender the opposite which is anger and can lead to violence. The good will engendered could in fact save the life of a law enforcement officer in the future. Therefore rather than risk that another injustice occurs, and that a future life may be saved I must commute the death sentence.

I would ask those involved is your motivation for revenge or justice? Which is more civilized?

I would remind the judges of the planet.

The divine purpose of a judge is to bring wisdom, rational thinking and justice to these matters.

Yet justice is not about revenge and persecution it is about bringing the truth to light to destroy the fiction that gave birth to the injustice.

Email addresses if you want to send your thoughts and love. Don't attack, embrace and transform.

Clemency_Information@pap.state.ga.us

Pardon_Administration@pap.state.ga.us

19. Posted by Richard Thomas ∞Φ on September 13, 2008 08:55 AM

Dear Kavita,

In Posting No.17 you provided addresses and E-mail information for certain government officials.
If I may I would like to suggest that any mail sent to these people will most likely not be processed in time for any action to be considered by them. I have not had my E-mails to the White House acknowledged upon several occasions.

If people could contact by phone the local offices of their state senators and representatives, I believe that they will receive the messages in a much more expedient way. Time is definitely short at this time.

Senator John McCain is one whose office I will contact here in Arizona. Even though he is absorbed in the presidential campaign, he might get word of this situation. I am also trying to reach an influential talk show host here who is a former congressman of great integrity and who has many friends in Washington. Anyway, if people could call the local offices of senators and congressmen and tell them of the great need for immediacy of attention to this matter, this might help.

Best Wishes,

"Betsy" S.

20. Posted by "Betsy" S. on September 13, 2008 02:48 PM

Thanks Betsy,
that's a great idea. Troy's sister requested people send out letters and emails to these three entities. They need not be answered but obviously they will be received and if there is a volume it will help. I'm also talking to members of national media to take this on. Time is so short. I will be adding the update shortly.
Thanks for the support. I see his sister battling this for 19 years along with breast cancer, living month to month and not giving up. So we all have to chip in.

21. Posted by Kavita Chhibber on September 13, 2008 09:54 PM

Dear Kavita,

This morning I spoke to someone in Senator John McCains' office and I asked her how much of a chance there would be for an E-mail to reach him in an expeditious manner and she said that he generally receives thousands and that sorting through them takes quite a while. She suggested that I contact Senator Jon Kyl's office because he is on the Senate Judiciary Committee.

I spoke with one of Senator Kyl's staff and explained the urgency of this matter to her. She told me that she would give the information to Senator Kyl. She sounded sympathetic. It is unusual to locate anyone who offers to help when calling a government official's office.

I have also contacted the local radio station to give them the story. There is a great champion of human rights who has a weekly talk show. He was a congressman for twelve years and knows exactly what goes on in the bureaucracy. He is a man of high integrity. He might possibly know someone who might help. Anything is worth a try.

Best Wishes,

"Betsy" S.

22. Posted by "Betsy" S. on September 15, 2008 01:11 PM

dear Betsy,
You are an amazing!
love,
~ Kate

p.s.
I know what you mean about calling government agencies, and even appearing on Capitol Hill - it
'ain't easy' to find a compassionate ear, to really believe and champion a worthy cause

23. Posted by Kate... on September 15, 2008 02:06 PM

Betsy,
thank you so much. Please contact me directly on my email address kavita@kavitachhibber.com, so I can give you my phone number. I have been told off record that no political candidate will touch a death row case because it may affect their career. The only hope is now the US Supreme court if they will grant a stay and if anyone can get ahold of the Chief Justice, and speak with him, that would be great.And writing letters to the justices the Parole Board and others will also have an impact.

The gentleman at the radio station,I will be happy to put him in touch with Troy's sister. Meanwhile the Parole Board was sued by the lawyers of Jack Alderman, another death row inmate to die here tomorrow evening by lethal injection, and a judge has stayed his execution till the Board gives him another hearing. They will do so tomorrow morning and can still put him to death tomorrow evening I suppose. I'm hoping to speak with Troy in person shortly. Thank you so much for all your help.

24. Posted by Kavita Chhibber on September 15, 2008 07:58 PM

Action item and some discussion here:

http://www.dailykos.com/story/2008/9/15/132324/583/474/599566

25. Posted by Irvine Welsh on September 15, 2008 08:45 PM

HI Kavita, Thanks for your response on post 12 as I was able to find the letter to the parole board and did submit a request for them to reconsider.

As this case is a cause celebre, and so many famous personalities have already tried to make an impact, I am certain that the parole board may be playing games a bit and as you say may have their minds made up, waiting to see what further action may be taken in this case.

Perhaps it is to test the power of Intentblog as well.

Since they have already said that if there is any doubt whatsoever they will not execute, I am willing to believe that this man's life may be spared, but that more is at stake here than just a matter of life and death.

The irony in this is the decision that Bill Clinton made because of acts of terrorism. His signature seems to have made the critical difference which led to this particular dilemma. The Georgia Parole Board can be prompted to make good on their own word so I am rather optimistic that all of this is likely to end happily. We will see.

26. Posted by arizonasunset on September 15, 2008 10:59 PM

Thanks Irvine. Azsunset-unfortunately the Board has already gone back on their word and denied clemency on 12th. His only hope is now if the Supreme Court intervenes and stays the execution since they were to see this case on the 29th. If they refuse, then he will be executed on the 23rd. Its 2 a.m. and I'm still overseeing emails and letters to be sent to everyone.
Thanks for your good wishes and for signing the petition.. from your lips to God's ears.

27. Posted by Kavita Chhibber on September 15, 2008 11:12 PM

dear Kavita,
I will be traveling to Atlanta on Sept. 23rd (and staying in the city for several days).
I will add my voice and actions however small, because I know that Justice can prevail and I believe it will for Troy.

My love to you,
~ Kate

28. Posted by Kate... on September 16, 2008 09:33 PM

dear Kavita,
I just called the Georgia Board of Paroles.
It is a daunting task, but so many voices on behalf of Troy, I pray will be heard.
love,
~ Kate

29. Posted by Kate... on September 18, 2008 10:06 AM

Thank you Kate.. they have received 30,000 emails and faxes in 3 days from what I hear and their email was jammed. I know my second one bounced back. The Parole Board can still change their mind. I hope they will act with honor. There is a rally in Atlanta and Washington D.C, today. Hope there are still honorable people left to do the right thing. If the killer is someone else, as it seems from new affidavits from people who have heard the prime suspect confess to them, then there is no justice or closure even for the MacPhail family.. the real murderer still stays on the streets.

30. Posted by Kavita Chhibber on September 18, 2008 12:38 PM

Dear Kavita and Kate,

That's wonderful news about the strength of the outcry being expressed.

We all should be shouting as loudly as possible against the outrageous abuses by the courts and at this time, against one power crazed out-of-control parole board in particular.

Whatever injustice happens to one of us, happens to all of us. If the governmental powers are allowed to continue their autocratic actions, then it will be only a matter of time before each of us will feel the pain as well.

Best Wishes,

"Betsy" S.

31. Posted by "Betsy" S. on September 18, 2008 01:28 PM

dear Kavita,
Any chance there will be a grant of clemency before the 7 p.m. execution tonight of Troy Davis?
~ Kate

32. Posted by Kate... on September 23, 2008 02:06 PM

Oh America, surely not.

33. Posted by Ed on September 23, 2008 02:24 PM

dear Ed,
The right thing has been done!
love,
~ Kate

~~~~~~~~~~~
~~~~~~~~~~~

The Atlanta Journal-Constitution
Tuesday, September 23, 2008

"The U.S. Supreme Court on Tuesday issued a stay of execution for Troy Anthony Davis less than two hours before he was to be put to death by lethal injection."

34. Posted by Kate... on September 23, 2008 05:45 PM

And he lives for at least one more week...

35. Posted by Irvine Welsh on September 23, 2008 07:07 PM

Thomas Arthur case, similar to Troy Davis:

'JUDICIAL MURDER'
Despite Doubts, Alabama Man Faces Execution
07/23/2008

By Marc Pitzke in New York
Thomas Arthur has been on death row since 1982. His execution is set for July 31 -- although strong doubts remain about his guilt. The governor of Alabama is refusing to allow DNA tests that may prove his innocence.

Twice already, Sherrie Stone has said farewell to her father for what she thought was the last time. Twice she told him "my goodbyes," as she puts it, in a prison in Atmore, Alabama. Twice she watched him shuffle off to his cell on death row, where he has been waiting to die for 26 years.

Twice his execution has been postponed, only hours beforehand.

Next week, Stone, 47, will go to Atmore a third and probably last time. An eight-hour drive from Florida, where she lives, to Alabama, where her father, Thomas Arthur, has been incarcerated for murder since 1982. On July 31, when he is finally to die by lethal injection, Stone will go through the farewell motions yet again. It doesn't get any easier.

All the more because she believes in his innocence -- innocence her father has maintained throughout. "This is cruel and unusual punishment," Stone tells SPIEGEL ONLINE. "Cruel, unusual and frustrating. Not just for the condemned. For his family, too."

More than 3,300 inmates are currently awaiting execution in US prisons, 203 in Alabama alone. Many protest their innocence. So does Thomas Arthur. But his case is different, because there is plenty of potentially exculpatory DNA evidence. Yet the governor of Alabama, the Republican Bob Riley, is refusing to permit tests on it and is insisting that the execution be carried out on the stated date -- even though the wrong man may die.

Stone is not the only one who is dreading what she describes as a "judicial murder." Amnesty International, too, has voiced "concerns" over Arthur's execution and called the verdict -- which rests almost solely on the testimony of a questionable witness -- "highly problematic."

Even the United Nations has weighed in. In late June, Philip Alston, the UN Special Rapporteur on extrajudicial, summary or arbitrary executions, criticized Alabama's governor. "Government officials seem strikingly indifferent to the risk of executing innocent people and have a range of standard responses, most of which are characterized by a refusal to engage with the facts," Alston wrote in a scathing report. "It is entirely possible that Alabama has already executed innocent people, but officials would rather deny than confront flaws in the criminal justice system."

All in vain. "DNA evidence will not exonerate Mr Arthur," Riley's spokeswoman Tara Hutchinson told SPIEGEL ONLINE. "Barring court intervention, the state plans to go ahead with the execution." Riley has the final say on Arthur's fate.

Arthur's lawyer Suhana Han is one of those who are still hoping for this last-minute court intervention.[...]

Ever since, Stone has been fighting for her father. The real estate broker has started a Web site, has written petitions, has even filmed a video and put it on YouTube. Last year, she spent so much time on the case that she had to file for bankruptcy. Her husband, she says, "really doesn't know how to react to it. All he does is support me."

Arthur, too, tried to challenge the verdict. Because Alabama doesn't automatically provide public defenders, he was on his own. He worked from his cell, without access to even a law library. When the deadline for his last appeal came, he missed it. [...]

The Innocence Project sent a letter to governor Riley, signed by six men wrongfully sentenced to die, who were later exonerated by DNA. "Each of us", they wrote, "sat on death row, wondering whether the truth would come out before we were executed."

Yet Riley refuses all appeals. So does his Attorney General Troy King, who is also a high-profile member of Republican John McCain's Alabama Campaign Team. "It is the appropriate time," he said in his last petition to set an execution date, "for this Court to enter an order to execute Arthur's duly-adjudicated sentence."

Twice that date was postponed at the last minute. The last time was in December, when the US Supreme Court debated the constitutionality of lethal injection. In April, when the Supreme Court ruled it constitutional, Arthur's execution date was set for July 31.

http://www.spiegel.de/international/world/0,1518,567593,00.html

Fortunately, Alabama Supreme Court with a 5-4 vote delayed the execution - indefinitely - of Thomas Arthur minutes minutes before his execution on July 31, 2008.

36. Posted by Irvine Welsh on September 23, 2008 07:54 PM

Thank you Irvine Welsh for bringing to my attention the case of Thomas Arthur. I'm now in touch with his daughter and will be doing a story on it. It's shocking to see how messed up the judicial system in the Southern states is. Even surprising to see the track record of Alabama Attorney Troy King and that he is still there at the helm of affairs. It saddens and frustrates me but this is just the tip of the iceberg.
Sorry I didn't check this blog until today, so the delay in responding to all of you. thanks all.

37. Posted by Kavita Chhibber on October 3, 2008 05:22 PM

it sure sounds injustice. certainly it does.

38. Posted by Sharmishtha Basu on January 9, 2009 03:47 AM

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