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Troy Davis Execution Approaches As Calls For Clemency Continue

First Posted: 09/21/11 05:38 PM ET Updated: 12/01/11 07:13 PM ET

Jason Cherkis contributed reporting for this article.

JACKSON, Ga. -- Behind razor wire and thick concrete walls, Troy Davis spent what may be his final hours Wednesday with friends and family, awaiting his execution at 7 p.m. for the murder of a police officer over 20 years ago, a crime he maintains was committed by another man.

"Troy is in good spirits," said Amnesty International spokeswoman Wende Gozan Brown, who visited with Davis on Tuesday, after he received news that a final plea for clemency to a state pardons board had been rejected. "He is steadfastly maintaining his innocence, as he always has."

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Davis's pending execution has sparked an extraordinary outcry nationally and internationally that continued Wednesday, with thousands of people expected to participate in evening protests and vigils at Georgia's death row prison and the state capitol. By early afternoon, dozens of protesters were already singing and praying in a small cordoned-off area on the prison grounds.

Earlier this week, the state's pardons board was bombarded by hundreds of thousands of petitions to spare Davis's life, including calls from former FBI director William Sessions and Bob Barr, a four-term Republican congressman from Georgia and death penalty supporter. Many of those opposed to the execution noted the lack of physical evidence tying Davis to the crime and the recantation of critical eyewitness, many of whom told attorneys for Davis that they had been pressured by police to testify that Davis was the shooter.

"Imposing an irreversible sentence of death on the skimpiest of evidence will not serve the interest of justice," Barr wrote in an editorial on the case last Wednesday.

On Wednesday morning, Davis offered to submit to a lie detector test, but the request was denied by prison officials. "I guess Troy Davis felt like he had enough witness testimony in his favor that he felt that the polygraph would not be necessary," said Laura Moye, director of Amnesty International's U.S. death penalty abolition campaign, when asked why Davis had not submitted to a polygraph before.

The Davis defense's last-minute petition to the Superior Court was rejected by a state judge late Wednesday afternoon.

As the hours until the execution dwindled, calls for clemency continued from around the nation and the world, including from a group of former death row wardens, who wrote to Georgia authorities calling on them to halt the death sentence due to doubts about Davis's guilt. Among the group was the former warden in charge of the Georgia death chamber.

"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," the wardens wrote in a press release. "It is those cases that are most haunting to an executioner."

Meanwhile, the family of the murdered policeman, Mark MacPhail, and the case's original prosecutor have argued strenuously for Davis's execution, and have asserted that there is no doubt that he is guilty of the murder.

Joan MacPhail-Harris, the officer's widow, said this week that Davis "has had ample time to prove his innocence" and failed to do so, according to the Associated Press. She and MacPhail's children urged the pardons board to deny Davis's petition for clemency this week and plan to attend the execution.

An extraordinary hearing last year ordered by the U.S. Supreme Court gave Davis the rare opportunity to present evidence of his innocence as part of a petition for a new trial. The judge overseeing the hearing ruled that the state's case against Davis "may not be ironclad" and agreed that Davis had raised some doubts about his conviction, but concluded that he had not provided the court with compelling evidence of his innocence and denied the request for a retrial.

Legal experts, however, noted that despite the judge's ruling, lingering doubts over Davis's guilt will likely mean that concerns over whether the state executed the wrong man will never be resolved.

"What worries me now is that we're looking at a martyr," said Anne Emanuel, a death penalty expert and law professor at Georgia State University. "This is the kind of case that troubles people that otherwise support the death penalty."

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HuffPost's Ryan Grim reports:

Rep. Hank Johnson, a Georgia Democrat, conspicuously refused to use the term execution in a statement responding to the death of Troy Davis. “I offer my thoughts, prayers and condolences to the family of Troy Anthony Davis, a man killed by the citizens of Georgia despite a lack of moral certainty as to his guilt," said Johnson.

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Asked by MSNBC's Ed Schultz if he "unequivocally" believed that Georgia had just executed an innocent man, NAACP head Ben Jealous, who has followed the case for 15 years, said simply: "Absolutely."

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@ thinkprogress : "May God have mercy on your souls. May God bless your souls." -- Troy Davis' last words to his executioners

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CNN reports:

Georgia inmate Troy Davis was executed Wednesday night for the 1989 murder of Mark MacPhail, an off-duty Savannah police officer.

Davis died at 11:08 p.m. ET, according to a prison official. The execution was about four hours later than initially scheduled, because prison officials waited for a U.S. Supreme Court ruling on Davis' request for a stay.

Full story here.

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@ thinkprogress : Time of death for Troy Davis: 11:08PM #toomuchdoubt

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@ cnnbrk : Convicted cop killer Troy Davis was executed by injection in Georgia at 11:08 ET after Supreme Court denies stay http://t.co/Cyl9Rp1C

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@ mpoppel : Both CNN and NYT are reporting that Davis is being executed at this moment. Should be over in a few minutes.

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@ RepJohnLewis : Today, we are all Troy Anthony Davis. Tonight, a little piece of all of us will die.

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@ AntDeRosa : MSNBC is reporting that the execution is mid-way through.

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HuffPost's Jason Cherkis reports:

Laura Moye, the organizer with Amnesty International, is still on the prison grounds. "We are just profoundly saddened and upset," she said.

A prayer circle had formed around the Davis family earlier in the evening. It continues.

"We knew that it was a long shot," Moye said. "Troy Davis has always had difficult odds. He's faced executions three times...We always held on to our hope. We got this far by believing in the power of human rights. Now it seems there's nothing that can intervene to stop this execution."

There's still a couple hundred protesters and Davis supporters in attendance. The chanting has died down. "People are trying to rally around this family. Everybody wants to be there standing in support of the Davis family," Moye explained. "A lot of people standing in disbelief."

Next steps are vague. A boycott of Georgia? A protest in the coming weeks. Who knows.

Moye said: "What is a miracle in this case is so many people have raised their voices."

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@ mpoppel : CNN reporting, citing prison officials, that execution of Davis will begin just after 11 pm ET

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@ thinkprogress : Rep Hank Johnson D-GA on Troy Davis: "There are no words. It's a sad day for my state of Georgia, for America" (via @jamiedupree )

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@ thinkprogress : VIDEO: Protesters react to SCOTUS decision: "We are Troy Davis" http://t.co/4GpQXiEN

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@ thinkprogress : RT @TPJustice: The fact that there were no published dissents does not mean that all nine justices opposed the stay.

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@ thinkprogress : MSNBC reports that Troy Davis execution is expected in the next 20 to 30 minutes #toomuchdoubt

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The U.S. Supreme Court decision to deny the stay of execution can be viewed here.

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@ GregMitch : CBS News: no dissents at all from any of SCOTUS justices.

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@ Reuters : FLASH: U.S. SUPREME COURT REJECTS STAY OF EXECUTION FOR GEORGIA DEATH ROW INMATE IN HIGH-PROFILE CASE

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@ BreakingNews : US Supreme Court denies request for stay of execution for Georgia inmate Troy Davis - wire services

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From Athens, GA Patch:

The Arch is the usual place of protest in Athens.

On Wednesday night, about 50 people gathered there with signs to protest the impending execution of Georgia death row inmate Troy Davis, convicted 22 years ago of murdering a Savannah policeman.

Full story here.

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@ Edpilkington : Candlelit vigil now being held opposite #TroyDavis prison. One side of road - candals, other side Swat teams with tear gas rifles

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@ NickKristof : When smart people debate whether or not a man should be executed, that's a good reason not to execute him. #TroyDavis.

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@ MikeSacksHP : Protesters calling it a night, regrouping at All Soul's Church here in DC at 7pm tomorrow. Don't expect the ruling to wait until then.

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@ MikeSacksHP : #SCOTUS press office says still no developments. Protesters latest chant: "Supreme Court let's face it: death penalty is racist!"

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@ codepinkalert : PIC: Rally at Supreme Court to free #TroyDavis http://t.co/D42Cr4zM #toomuchdoubt

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@ rolandsmartin : CNN's Jeffrey Toobin says this is an "unusually" long deliberation by the U.S. Supreme Court #troydavis

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@ CBSAndrew : If Scotus stays #TroyDavis execution tonight, it would be third in less than one week, virtually unparalleled in history of death penalty.

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@ kimseverson : Family is being prepared for news, said Larry Cox of Amnesty International. #TroyDavis. No word on what that news will be.

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@ MikeSacksHP : Protesters chanting "we are Troy Davis, I am Troy Davis" loudly in the rain in front of the Court. http://t.co/FdUTrGvG

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ABC reports on the temporary euphoria of the crowd outside the prison where Troy Davis is being held:

At 7:05 p.m., five minutes after his scheduled death, Davis' supporters erupted in cheers, hugs and tears outside the jail in Jackson, Ga., as supporters believed Davis had been saved from the death penalty. But Davis was granted only a temporary reprieve as the Supreme Court considers the decision.

The warrant for Davis' execution is valid until Sept. 28. The Georgia Resource Center, part of Davis' legal defense team, said it was unsure how long the delay would last.

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Jason Cherkis contributed reporting for this article. JACKSON, Ga. -- Behind razor wire and thick concrete walls, Troy Davis spent what may be his final hours Wednesday with friends and family, awa...
Jason Cherkis contributed reporting for this article. JACKSON, Ga. -- Behind razor wire and thick concrete walls, Troy Davis spent what may be his final hours Wednesday with friends and family, awa...
 
 
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GlennWatson
Two million fans
10:22 AM on 09/25/2011
I have no reasonalbe doubts as to his guilt. Neither did the jury. Stop lying HP.
09:01 PM on 09/25/2011
You're insignificant.
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GlennWatson
Two million fans
11:17 PM on 09/25/2011
You seem unable to respond to others online without becoming personally insulting. How does that make you feel?
gov111w
Truth-Justice-And the American way !
04:21 PM on 09/24/2011
Whenever you have capitol punnishment you may always have those who have doubts. This case went on for 20 years...it would seem that the system did all that it could have done. The conviction always stood and was never struck down. The physical evidence never changed....I do not agree with Capitol punnishment...but I have to admit the the law was administered as fairly as possibly in this case.
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ETT
JAIL THE WALL STREET CROOKS
02:52 PM on 09/24/2011
John: Today is Saturday, Sept 24, 2011, the time has passed. Mr. Davis was killed. Please take down this headline. It is creeping me out! Thank you.
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bobbie jeske
02:52 PM on 09/24/2011
EVERY BLACK PERSON SAY'S HE I S INNOCENT, JUST LIKE THEY SAY OJ SIMPSON IS INNOCENT. HE WAS GUILTY. THINK OF THE OFFICER AND THE OTHER PEOPLE HE SHOT. HAVE MERCY ON THEM, INSTEAD OF PROCLAIMING HIS INNOCENCE.. DO THE RIGHT THING.
02:35 AM on 09/25/2011
That's might white of you. GTFOOH.
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bobbie jeske
03:58 PM on 09/25/2011
don't know what gtfooh means, but right back at you. i speak the truth.
01:49 PM on 09/24/2011
Im glad this KILLER was finally put to DEATH! He has lived 20 years too long!
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GlennWatson
Two million fans
10:23 AM on 09/25/2011
Agreed except I would say 25 year too long.
12:22 PM on 09/24/2011
Under US law one is supposed to be convicted only unless there is no reasonable doubt. There was a great deal of doubt in the original case. But it was the death of a cop. When a cop gets killed, somebody is going to die for it - just not necessarily the right person. Often people do not care, they just want a person to vent their anger and hate on.

A mistrial is supposed to be automatic if there is any evidence of witness tampering, including pressuring of witnesses by the police, witness who later recant their statements openly. This occurred. Witnesses were indeed tampered with. Yet there was no retrial.

No person is supposed to need to prove their absolute innocence, only that there was "reasonable doubt". The Supreme Court found doubt (and they did) which means that there was "reasonable doubt". That in itself again ought to have been enough reason for a retrial. Yet again no retrial was granted.

The standard for US justice was not applied here either. It never is when a police officer is killed, When a cop dies, anger rules the day, and vengeance is the byword. People want a person to hate, to blame and to kill for what has happened. What is most desire is a "pound of flesh", not actual justice. But then, in the USA there is no real justice, and there never has been.
gov111w
Truth-Justice-And the American way !
04:23 PM on 09/24/2011
You said it in your first line...reasonable doubt...and there was none...the physical evidence never changed...the convistion was upheld and never over turned....your grasping with emotion...not fact
11:20 AM on 09/24/2011
why is there a headline "execution approaching" still on huffpost?...........
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ETT
JAIL THE WALL STREET CROOKS
02:54 PM on 09/24/2011
Really!!! Agree 100% I just posted a comment to the writer, Mr. John Rudolf, to have HP take down or update the headline. I know there are updates in the story, but the headline is just way too creepy.
11:03 AM on 09/24/2011
A post-mortem:

Two tall, young black men were harassing a vagrant in the Burger King parking lot, one in a yellow shirt and the other in a white Batman shirt. The one in the white shirt used a brown revolver to pistol-whip the vagrant. When a cop yelled at them to stop, the man in the white shirt ran, then wheeled around and shot the cop, walked over to his body and shot him again, smiling.

Several of Davis' friends and several other eyewitnesses, both acquaintances and strangers, specifically identified Davis as the one who shot Officer MacPhail.

Now the media claim that seven of the nine witnesses against Davis at trial have recanted.

First of all, the state presented 34 witnesses against Davis -- not nine.

Among the witnesses who did not recant a word of their testimony against Davis were three members of the Air Force, who saw the shooting from the drive-in lane: "You don't forget someone that stands over and shoots someone."

Recanted testimony is the least believable evidence. Even criminal lobbyist Justice William Brennan ridiculed post-trial recantations.

Three recantations were from friends of Davis, making minor or completely unbelievable modifications to their trial testimony. One alleged recantation, wasn't a recantation at all. in that it included a direct identification of Davis as the shooter.

And, as to his only two genuinely recanting witnesses, Davis refused to allow them to testify .

http://www.anncoulter.com/columns/2011-09-21.html
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GlennWatson
Two million fans
10:25 AM on 09/25/2011
Thank you John and Ann.
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09:21 AM on 09/24/2011
It appears a lot of folks need to fact check.

The Troy Davis" innocence deception" is quite easy to see and unravel.

Troy Davis: Worldwide anti death penalty deceptions, rightly, failed

"Smoke and mirrors" - that is what the federal judge called Davis' innocence claims, after he held the innocence evidentiary hearing ordered by the US Supreme Court.

And that is all it is.

Innocence Deceptions and the Anti Death Penalty Movement
Dudley Sharp, sharpjfa@aol.com

The false innocence claims by anti death penalty activists are a legendary part of their strategy.

1) a) Troy Davis: Misleading anti death penalty campaign
http://homicidesurvivors.com/2011/09/18/troy-davis-misleading-anti-death-penalty-campaign.aspx
b) Cop Killer is media's latest baby seal
http://www.wnd.com/?pageId=347317

2) "The Innocent Executed: Deception & Death Penalty Opponents"
http://homicidesurvivors.com/2009/10/08/the-innocent-executed-deception--death-penalty-opponents--draft.aspx

3) The 130 (now 138) death row "innocents" scam
http://homicidesurvivors.com/2009/03/04/fact-checking-issues-on-innocence-and-the-death-penalty.aspx

4) Sister Helen Prejean & the death penalty: A Critical Review"
http://homicidesurvivors.com/2009/05/04/sister-helen-prejean--the-death-penalty-a-critical-review.aspx

5) "At the Death House Door" Can Rev. Carroll Pickett be trusted?"
http://homicidesurvivors.com/2009/01/30/fact-checking-is-very-welcome.aspx

6) "Cameron Todd Willingham: Another Media Meltdown", A Collection of Articles
http://homicidesurvivors.com/categories/Cameron%20Todd%20Willingham.aspx
10:47 PM on 09/23/2011
Would those against this execution also be against that of Lawrence Russell Brewer?
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GlennWatson
Two million fans
10:26 AM on 09/25/2011
He, he was a white racist and so deserved what he got. See how it works in their minds.
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grassyno
10:05 PM on 09/23/2011
There were still two eye witnesses that both testified that he did it, how many witnesses do you have to have to satisfy you? These guys who are crying "there's no physical evidence"... CSI has only been around for the last 20 years or so. Fingerprints the last 100. How do they think people were convicted for the rest of history? Get real. Even the Supreme Court has ruled this case was fair, when is enough enough?
09:49 PM on 09/23/2011
They lynched an innocent man. They are gonna play for that.
finallylegal
why,oh why, didn't I take the blue pill
11:46 AM on 09/24/2011
only innocent to people who refuse to look objectively at the evidence and only focus on the story and the hype. if this man had other "outstanding physical characteristics" this story wouldn't even get a look from HP.
gov111w
Truth-Justice-And the American way !
04:47 PM on 09/24/2011
exactly what do YOU think they will "play" Romona
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HUFFPOST SUPER USER
Freevo
Hey hey NRA how many kids were shot today
09:33 PM on 09/23/2011
Time to change the headline, and move forward with repeal of barbaric execution.
06:09 PM on 09/23/2011
There are SO MANY Killers and convicted child molesters and rapists that GO FREE. IF there was a shadow of a doubt about this man, WHY not just give him life in prison UNTIL the case can be PROVEN WITHOUT A DOUBT???? Our judicial system is ABSOLUTELY HAYWIRE and JUSTICE IS NOT BEING SERVED to ANY people who are POOR! This in itself is a TRAVESTY! WHY should the RICH be treated ANY DIFFERENT in a court of law???? People in prison with STIFF penalties for Marijuana possession, while a Killer or Rapist is SET FREE??? WE NEED TO FIX THIS WHOLE WORLD!!! Things have gone TERRIBLY WRONG!!!!
gov111w
Truth-Justice-And the American way !
04:47 PM on 09/24/2011
Because there was NO reasonale doubt only emotional backwater
04:29 PM on 09/23/2011
Here we go again, yet another convicted murderer proclaimed his innocence along with every other convicted murderer on Death Row. As usual, the Bleeding Hearts Club claimed racism and a mis-carriage of justice, even though all of the state and federal appeals courts, including the U.S. Supreme Court, denied his appeal. The USA has the worlds's best judicial system, as many previously jailed and then freed can attest. Enough said.
06:11 PM on 09/23/2011
YOU CAN"T BE SERIOUS! THE BEST??????? SIR THAT CAN"T BE FURTHER FROM THE TRUTH!!!! YOU MUST BE SLEEPING!
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HUFFPOST SUPER USER
sherwoodforest
Seeing the forest for the trees
09:08 PM on 09/23/2011
The "Best" after North Korea and China perhaps.
If there is so much doubt using the death penalty does not insure justice- it degrades it.
10:48 PM on 09/23/2011
Yes, unlike in Europe we have a fifth amendment and cannot use torture to extract confessions.
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ETT
JAIL THE WALL STREET CROOKS
02:59 PM on 09/24/2011
You say: "The USA has the worlds's (sic, should be worlds') best judicial system, as many previously jailed and then freed can attest." If they were innocent in the first place, why were they jailed?????
02:15 PM on 09/25/2011
ETT, innocent people sometimes are imprisoned for various reasons,i.e. usually inadequate defense, but our judicial system mostly, through appeas, corrects that problem. We call it checks and balances. Also, I stand by my punctuation of world's, which is singular.as opposed to your plural worlds," which only exist in sci-fy.