Posted on 09/21/2011 10:36:43 AM PDT by Niuhuru
Georgia inmate Troy Davis's last-ditch request for a lie detector test to try to prove his innocence ahead of tonight's planned execution has been denied by Georgia Department of Corrections.
Defence lawyer Stephen Marsh said he had hoped the polygraph would convince the state pardons board to reconsider a decision against clemency, which was rejected yesterday.
Davis, 42, is scheduled to die at 7pm tonight. It is the fourth time in four years that Davis' execution has been scheduled by Georgia officials.
(Excerpt) Read more at dailymail.co.uk ...
It should not be news that memory fades over the decades. And that alone should not be reason for acquittal, or every sentence would have to be overturned after a couple of decades.
No physical evidence? Only the protesters and his lawyers are saying that to the press. Have you seen the actual documents?
Cops and prosecutors intimidate witnesses all he time.
Yes, the case has been scrutinized. That’s why even conservativer legal experts say this execution is an injustice.
Are you telling me hat you habor no doubts as to this guy’s actual innocence?
What is ironic about this case is that the sheriff deputy he killed (not allegedly killed) was in hot pursuit of him for shooting a man in the face. The media never mentions the fact that it was undisputed that this thug shot a man in the face just before he killed the sheriff deputy. Tookie Williams will be glad to show you around hell, Troy.
Where are the documents of any physical evidence? There are none.
At 7:30 He can take it up with GOD. . . . . .
Strike that; he will be begging lucifer for more ice water. .
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
God is a just God but he does have a sense of humor and a ‘hands on’ policy on where one spends the afterlife.
ALL go to heaven and just as they are unpacking, God appears and says
“Say there, yes you fella, you weren’t such a nice person and didn’t honor my name etc, just put your gear back and you will be catching the southbound express. Oh, yes, you won’t need that jacket or long sleeved shirts”.
Have a wonderful day.
Bye.
I’d be interested in seeing a link to that information. Was a gun ever found that was connected to this crime? I don’t think so.
I know he's had his day in court but this one smells a bit.
“Where are the documents of any physical evidence? There are none”
There was physical evidence. The bullet casing at the scene of the sheriff deputy’s homicide also matched the bullet casing found at the scene of the incident just preceding where he shot a man in the face. I really hope you are not trying to decide this case on your own by simply reading managed media reports of what the supporters are claiming. That is what juries are for. The case has been reviewed 4 times by appellate courts.
There are 2 trials going on here. One in the courts based on law and facts, and the other in the press based on opinion, sales, and emotions.
In the courts, everyone has had their turn. In the press, the prosecution is not getting much say.
Your comment is based on the press.
How has it been determined that he shot another man in the face? Was a bullet removed from that victim?
Was a bullet removed from the deputy?
Were the bullets matched by forensics? At the very least, the bullets are physical evidence.
I a not trying to claim tht the two shootings are unrelated; but please tell me the physical evidence that actually links this guy to the shootings?
It doesn’t exist; does it?
I a not trying to claim tht the two shootings are unrelated; but please tell me the physical evidence that actually links this guy to the shootings?
It doesn’t exist; does it?
Have you read the legal opinion on the case? There were not “only a couple of eyewitnesses” - there were nine, I believe. Of the seven (I think) that “recanted”, only ONE (the jailhouse snitch) fully recanted his testimony, but the appeals court noted that his testimony at trial contradicted all of the eyewitness testimony, which was incredibly consistent, so it was obviously false testimony to begin with. The others didn’t actually recant their testimony, or they recanted by affadavit, but then when Davis had a chance to put them forward as witnesses at the evidentiary hearing before the appeals court, he left them sitting in the hall. The appeals court viewed that with great suspicion, as a recantation by affadavit is much more suspect then live testimony. It was DAVIS and his attorney that made that decision not to call them as witnesses, and as the appeals court said in its opinion, that calls into question what they were worried would happen if those witnesses were cross-examined about their supposed recantations.
Overall, after reading the full legal opinion, I have no doubt this guy committed the crime and justice is about to be served. And I speak as someone who was wrongly arrested in my past for a crime I did not commit. I try to give the benefit of the doubt in cases like this.
The cop wasn’t pursuing him for shooting a man in the face. He was pursuing him for hitting a man in the face with a gun.
My comments are based primarily on the reading of he appellate decisions. If you were to read them, you would see that he appellate courts did not address the alleged facts of the case, but only the procedures. In my, and many other, opinions, the appellate courts failed in their primary role of doing justice and weaseled out of it by giving far too much deference to the trial court.
This guy had lousy representation at trial. If he had a decent lawyer, there never would have ben a conviction in the first place.
Although the murder weapon was not recovered, ballistic evidence presented at trial tied bullets recovered at or near the scene to those at another shooting in which Davis was also charged. Davis was convicted of murder and various lesser charges, including the earlier shooting, and sentenced to death in August 1991. On the evening of August 18, 1989, Davis briefly attended a pool party hosted by a friend. As he left with his friend Darrell Collins, the occupants of a passing car yelled obscenities at them.[6] Michael Cooper, a passenger in the other car, was shot in the face, allegedly by Davis.[7] Davis and Collins continued on, and later met Sylvester "Redd" Coles, who was arguing with a homeless man, Larry Young, over a beer.[6][8] Off-duty policeman Mark MacPhail was working as a security guard at a Burger King restaurant in Savannah, Georgia.[9] MacPhail, age 27, the son of a U.S. Army colonel, was married with a 2-year old daughter and an infant son. He had joined the Savannah Police Department in 1986 following six years of military service as an army ranger. MacPhail had worked for three years as a regular patrol officer and in the summer of 1989 had applied to train as a mounted policeman.[10] At about 1:15 am, seeking to help Young who was being attacked in a nearby parking lot, MacPhail was killed. He had been shot twice, once through the heart and once in the face, without drawing his gun.[6][8][11][12] No physical evidence from the crime was retrieved, apart from the bullets and shell casings, which were determined to have come from a .38-caliber pistol. Witnesses to the shooting agreed that a man in a white shirt had struck Young and then shot MacPhail.[6]
Just bad luck I guess that the guy he shot earlier happened to be with bullets that matched with those used later to shoot the security guard/police officer.
The cop was pursuing someone; it may not have been him.
No, this is NOT true.
Read Judge Moore's order in the case in which he painstakingly reviewed ALL the evidence including the supposed "recantations":
From Judge Moore's order:
"To hear Mr. Davis tell it, this case involves credible, consistent recantations by seven of nine state witnesses. (Doc. 2 at 5-11.) However, this vastly overstates his evidence. Two of the recanting witnesses neither directly state that they lied at trial nor claim that their previous testimony was coerced. Supra Analysis Parts III.B.i (Antoine Williams), III.B.v (Harriet Murray). Two other recantations were impossible to believe, with a host of intrinsic reasons why their author's recantation could not be trusted, and the recantations were contradicted by credible,live testimony. Id. Parts III.B.iii (Jeffrey Sapp), III.R.iv (Darrell Collins). Two more recantations were intentionally and suspiciously offered in affidavit form rather than as live testimony, blocking any meaningful cross-examination by the state or credibility determination by this Court. Id. Parts III.B.vi (Dorothy Farrell), III.B.vii (Larry Young). Moreover, these affidavit recantations were contradicted by credible, live testimony. While these latter two recantations are not totally valueless, their import is greatly diminished by the suspicious way in which they were offered and the live, contrary testimony. Finally, Kevin McQueen's recantation is credible, but his testimony at trial was patently false, as evidenced by its several inconsistencies with the State's version of the events on the night in question. Id. Part III.Bii (Kevin McQueen). Accordingly, it is hard to believe Mr. McQueen's testimony at trial was important to the conviction, rendering his recantation of limited value. Ultimately, four of Mr. Davis's recantations do not diminish the State's case because a reasonable juror would disregard the recantation, not the earlier testimony; and the three others only minimally diminish the State's case. these affidavit recantations were contradicted by credible, live testimony."
Judge Moore goes on to discuss each supposed "recantation" in great detail.
Everyone needs to understand that you CANNOT rely on the mainstream media to understand the facts in a death penalty case. The MSM has a larger agenda, to abolish the death penalty, so they don't approach these cases honestly.
It's the same with the anti-death penalty bar. To them, the larger goal of eradicating the death penalty is part of implementing social justice and is more important than the narrow truth of the particular case involved. The ends justify the means for them. If some guilty person gets off because of their work, they're okay with that because they are (in their own minds) fighting a larger battle.
They use certain strategies to game the system and then the MSM comes in with slanted stories to mold public perceptions.
One of their strategies is not to take over the defense of someone tried for a capital offense until the appellate stage. That way, they preserve the argument that the defense lawyer at the trial stage was such a drooling moron that it was tantamount to being denied a lawyer at all, and therefore a violation of his rights under the Constitution.
Another trick they use, which was used in the Davis case, is to go interview witnesses and elicit an ex parte affidavit which includes a statement worded in such a way that it can be argued that it contradicts the trial testimony. Then they refuse to put that witness on the stand again (where he can be cross-examined to see if he really meant to change his testimony), even though that witness is available, but try to limit any new evidence only to the dodgy affidavit.
In this case, if you read Judge Moore's order in which he goes through all of the evidence introduced in this case, it is striking how many eyewitnesses there were to the event even though it was late at night in a Burger King parking lot. There was a van full of people at the drive-through including an Air Force Lt. Col. There was a guy driving into the parking lot to start his shift at Burger King. There was the guy who was pistol-whipped in the head by the perp. There was the girlfriend of that guy. There were other people across the street who saw the perp run away. All of these were eyewitnesses who were immediately interviewed by police. The number of these witness statements, their freshness and the consistency of their accounts is striking.
And much of what happened is undisputed by both sides. It is conceded that Davis was one of three black youths who followed a guy with a six-pack of beer into the Burger King parking lot, while one of the black youths was harassing the guy to give them some beer.
The numerous witnesses were interviewed by police immediately after the event and all were unanimous: the taller thinner black youth with a white shirt pistol-whipped the guy and then when a cop came over to investigate, shot the cop dead with multiple gun shots, and then ran away. Many of the witnesses positively ID'd Davis, and the other witnesses said the taller thinner youth in the white shirt shot the guy. There is no question that Davis was the taller and thinner of the three youths, and there were additional witnesses even beyond those who positively ID'd Davis as the shooter who testified what he was wearing that night.
The cop was a six-year vet who had served his country as an army ranger.
Davis' street name was "Rah" which stands for "Rough as Hell." He will be finding out what hell is really like soon enough.
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