theGrio

Back to the Top

Main menu

Skip to primary content
Skip to secondary content
  • Home
  • Entertainment
    • Music
    • The Dish
  • Health
    • Ask Dr. Ty
    • Black Men’s Health
    • Black Women and Breast Cancer
    • Back to School Health
  • Living
    • Travel and Leisure
    • Living Forward
    • Books
  • Politics
    • Perry on Politics
  • Sports
  • News
    • Good News
  • Opinion

News

Troy Davis execution nears; protests worldwide

by theGrio | September 21, 2011 at 2:32 PM
Comments
Print
last-troy-davis-protest-4x3.jpg

Related Posts

  • Georgia sets Sept. 21 execution for Troy Davis
  • No polygraph for Troy Davis as execution nears
  • 9 things to know abou the Troy Davis execution controversy
  • Georgia board denies clemency for Troy Davis
  • State court rejects plea to stop Davis execution

ATLANTA (AP) — Troy Davis supporters in the U.S. and Europe were trying just about anything to spare him from lethal injection Wednesday evening for killing an off-duty Georgia policeman, a crime he and others have insisted for years that he did not commit.

Supporters planned vigils around the world. They’ll be outside Georgia’s death row prison in Jackson and at U.S. embassies in Europe.

The 42-year-old’s most realistic, though slim, chance for reprieve is through the courts, and his lawyers are trying. His backers have tried increasingly frenzied measures: offering for Davis to take a polygraph test, urging prison workers to strike or call in sick, posting a judge’s phone number online, urging people to call and ask him to put a stop to the 7 p.m. execution. They’ve even considered a desperate appeal for White House intervention.

“We’re trying everything we can do, everything under the law,” said Chester Dunham, a civil rights activist and talk show host protesting in Savannah, where in 1989, prosecutors say Davis fatally shot 27-year-old Mark MacPhail.

Davis’ supporters include former President Jimmy Carter, Pope Benedict XVI and a former FBI director, the NAACP, as well as conservative figures. The U.S. Supreme Court even gave him an unusual opportunity to prove his innocence last year, but ultimately didn’t hear the merits of the case.

Several witnesses have recanted their accounts that it was Davis who pulled the trigger, and some jurors have said they’ve changed their minds about his guilt. Still, prosecutors and MacPhail’s family have staunchly backed the verdict and state and federal courts have repeatedly upheld his conviction.

MacPhail was working security at a bus station on Aug. 19, 1989, and rushed to the aid of Larry Young, a homeless man who prosecutors say Davis was bashing with a handgun after asking him for a beer. When MacPhail got there, they say Davis had a smirk on his face as he shot the officer to death in a Burger King parking lot. Others have claimed the man with Davis that night has told people he actually shot the officer.

No gun was ever found, but shell casings were linked, prosecutors say, to an earlier shooting for which Davis was convicted. Witnesses placed Davis at the crime scene and identified him as the shooter. However, no other physical evidence was found, including blood or DNA, that tied Davis to the crime.

As time ticked toward the execution, an upbeat and prayerful Davis turned down an offer for a special last meal and planned to spend his final hours meeting with friends, family and supporters. Meanwhile, two attempts to prove his innocence were rejected: a polygraph test and another hearing before the pardons board.

His attorney Stephen Marsh said Davis would only submit to a polygraph test if pardons officials would take it 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.

His lawyers, meanwhile, are trying the legal avenues left to them, filing a motion in a county court challenging the ballistics evidence and eyewitness testimony. A judge could at least delay the execution, which has happened three times before. Most believe arguments on the merits of the case have been exhausted, however.

The National Association for the Advancement of Colored People, which has helped lead the charge to stop the execution, said it was considering asking President Barack Obama to intervene. Obama cannot grant Davis clemency since it was a state conviction, but could potentially halt the execution by asking for an investigation into a federal issue if one exists, though that was unlikely, said Richard Dieter, executive director of the Death Penalty Information Center.

In Savannah, 16 Davis supporters gathered at the Chatham County courthouse to press District Attorney Larry Chisolm to help stop Davis’ execution. They said 240,000 people had signed petitions urging the state to spare Davis’ life, and delivered them in three large boxes to Chisolm’s courthouse office where they were received by a member of the prosecutor’s staff. Chisolm has said he’s powerless to intervene, but activists say they believe he has enough influence as district attorney to sway the outcome.

As for the new and changed accounts by some witnesses, an unmoved federal judge dismissed them during a hearing set up by the U.S. Supreme Court in 2010. He said while the “new evidence casts some additional, minimal doubt on his conviction, it is largely smoke and mirrors.”

It was the first time in 50 years that justices had considered a request to grant a new trial for a death row inmate. It set a tough standard for Davis to exonerate himself, ruling his attorneys must “clearly establish” Davis’ innocence — a higher bar to meet than prosecutors having to prove guilt.

Once the hearing judge made his ruling, the justices didn’t take up the case.

Prosecutors say they have no doubt they charged the right person, and MacPhail’s family lobbied the pardons board Monday to reject Davis’ clemency appeal. The board refused to stop the execution a day later.

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

In Europe, where the planned execution has drawn widespread criticism, politicians and activists were making a last-minute appeal to the state of Georgia to refrain from executing Davis. Amnesty International and other groups planned a protest outside the U.S. Embassy in Paris later Wednesday and Amnesty also called a vigil outside the U.S. Embassy in London.

Parliamentarians and government ministers from the Council of Europe, the continent’s human rights watchdog, called for Davis’ sentence to be commuted. Renate Wohlwend of the Council’s Parliamentary Assembly said that “to carry out this irrevocable act now would be a terrible mistake which could lead to a tragic injustice.”

Spencer Lawton, the district attorney who secured Davis’ conviction in 1991, however, said he was embarrassed for the judicial system that the execution has taken so long.

“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.”

The latest motion filed in Butts County Court on Wednesday disputes testimony from a Georgia Bureau of Investigation expert at Davis’ 1991 trial. It claims his testimony is no longer reliable that shell casings found at the scene of MacPhail’s murder were linked to those found at the scene of another shooting for which Davis was convicted.

It also challenged testimony from Harriet Murray, an eyewitness who at trial identified Davis as the shooter. And it said evidence from another witness, Kevin McQueen, who said Davis confessed the killing to him is “patently false” and unreliable.

___

Copyright 2011 The Associated Press.

  • bass-pro-outdoor-world.jpg
    Next Story:

    Outdoor retailer accused of racial discrimination

  • bourgeois_herrington.jpg
    Previous Story:

    Judge: Katrina shooting suspect unfit for trial

Filed in: News | Related Topics: Death Penalty, DNA, Europe, Execution, Georgia, NAACP, Troy Davis, Vigil
  • Learn about our User Panel

    Read More
  • New Stories on theGrio

    • Phil Jackson would pick Bill Russell to start a team with Phil Jackson would pick Bill Russell to start a team with
    • Mary J. Blige faces $3.4M tax lien Mary J. Blige faces $3.4M tax lien
    • Mother has son arrested for stealing her Pop-Tarts Mother has son arrested for stealing her Pop-Tarts
    • Morgan Freeman falls asleep during live interview Morgan Freeman falls asleep during live interview
    • ‘Rent is Too Damn High’ guy: ‘Anthony Weiner is a freak!’
    • 84-year-old NM woman indicted for drug trafficking
    • Anti-war protester shouts at Obama during speech
    • Obama defends his drone policy
  • What Your Friends Are Reading

  • More from theGrio

More Stories on theGrio

Top News

Politics

  • Michelle Obama (Photo by Chip Somodevilla/Getty Images)

    First lady makes Forbes' 'Most Powerful Women'

  • GOP leaders say Obama impeachment talk premature

  • Desiree Rogers appointed to Choose Chicago Board

  • Obama pledges urgent aid to Oklahoma town

» Read More in Politics

Business

  • An elderly black couple. © poco_bw – Fotolia.com

    Black Americans retiring earlier, with less savings

  • BlackStartup.com seeks to uplift black businesses

  • Payday loans: A debt trap in disguise

  • Tiger Woods makes a comeback on the course, and in video game sales

» Read More in Business

Living

  • A black couple on vacation

    Memorial Day staycation hotspots!

  • Worst foods for high blood pressure

  • Autism Speaks launches new campaign for Latino, black parents

  • The breast cancer genetic test folks are talking about

» Read More in Living

Inspiration

  • Television journalist Robin Roberts poses with her Peabody at the 72nd Annual Peabody Awards at the Waldorf-Astoria on Monday, May 20, 2013 in New York. (Photo by Evan Agostini/Invision/AP)

    Robin Roberts to write memoir about illness

  • Charlotte remembers 1963 desegregation 'eat-in'

  • Tornado survivor saved by teacher

  • Obama speech makes Morehouse grads 'proud'

» Read More in Inspiration

Entertainment

  • Paris Hilton (Getty Images)

    Cash Money Records signs Paris Hilton?

  • Comedians pay tribute to 'Bill Cosby: Himself' 30 years later

  • Ray J a 'huge fan' of Kanye West

  • Darius Rucker responds to racist tweet from country fan

» Read More in Entertainment

News

  • Protestors march outside of the Bank of America building in the Loop Financial district calling on the banking giant to renegotiate interest rate swap deals with the Chicago Public Schools on May 7, 2013 in Chicago, Illinois. The financially strapped Chicago public school system plans to close more than 50 schools at the end of this school year. (Photo by Scott Olson/Getty Images)

    Chicago Board of Ed votes to close 50 schools

  • Funeral program for Malcolm Shabazz released

  • Geno Smith signs with Jay-Z's'Roc Nation Sports

  • Attorney: Donald Trump lied on stand

» Read More in News

Main menu

Skip to primary content
Skip to secondary content
  • Politics
  • Living
  • Video
  • Inspire
  • Health
  • Entertainment
  • News
  • Terms of Service
  • Privacy Policy
  • Advertise with TheGrio
  • About
©2013 NBCUniversal
Powered by WordPress.com VIP