iPhone app iPad app Android phone app Android tablet app More

Featuring fresh takes and real-time analysis from HuffPost's signature lineup of contributors
Kevin Powell

GET UPDATES FROM Kevin Powell

Troy Davis Is Not Dead

Posted: 09/23/11 12:22 PM ET

There is yet another great and bloody gash on the soul of America right now, because we allowed a state-sponsored killing of a potentially innocent man to occur in our name, on our watch. Fellow Americans, we must end the uncivilized and inhuman act of the death penalty, of killing people convicted of or believed to be murderers, immediately. If slavery was barbaric and morally wrong in its time, then the death penalty is barbaric and morally wrong in ours. Troy Davis should not be physically dead but, alas, he is.

I feel immense sorrow, was unable to sleep last night, and my very sincere prayers are both with the family of slain police officer Mark MacPhail, and with Troy Davis' loved ones. We have two tragic life endings on our hands, separated by 22 years, millions of dollars in taxpayer money, and bottomless divisions in how and why a murder case should be handled and judged.

For in executing Troy Davis he has been made a martyr, a symbol of a new movement of awareness about our very busted criminal justice system, of how much race and class come into play when deciding who will be imprisoned, and for how long, who will be executed, and why, and what people are more likely to be executed for killing those not their race. Specifically when Black folks are charged with killing White folks. And, yes, I am aware that a White man named Lawrence Russell Brewer of Texas was executed, coincidentally, on the same day as Troy Davis, for the 1998 truck-dragging murder of a Black man, James Byrd. But, one, it is so rare that a White person is ever convicted (or put to death) for the killing of a Black person, or a Latino person, or an Asian person or a Native American person, in our America. And, second and most important, I am in complete opposition to the death penalty, and that means I did not want Mr. Brewer to be executed either, no matter how apparent his guilt was in the James Byrd death. Neither Lawrence Russell Brewer nor Troy Davis should be physically dead but, alas, they are.

Yet in spite of the racial realities of America, still, a progressive, multicultural army of concerned citizens came together to make our voices heard, in support of Troy Davis, in opposition to the death penalty. I have been an activist of some sort for 27 long years and I can tell you of the numerous movements and mini-movements I've ever been a part of, few have been as empowering and uplifting as the work to spare Troy Davis' life. You could see and feel this online, on Facebook, on Twitter, in the many email exchanges and forwards. You could see and feel this in the too-many-to-count blogs that have been posted. And I certainly could feel and see it last night at our Brooklyn, New York rally and vigil for Troy Davis, where people of all races, all faiths (or none at all), all avenues of life, came together, in solidarity, for a cause that mattered as much to them as their own lives.

That is why I think it important that well-meaning Americans of whatever background read Michelle Alexander's astonishing book The New Jim Crow: Mass Incarceration in the Age of Colorblindness. Ms. Alexander is a legal scholar and college professor who painstakingly puts down the facts about America's "prison-industrial complex," and how it has disproportionately affected people of color. I visit American prisons regularly and have seen first-hand the legions of Black and Latino males locked up for years, for life, or those languishing on death rows, awaiting their capital punishment. Troy Davis happens to be the most famous death penalty case in American history, but real change will only occur when we begin to understand this is a catastrophic crisis deeply woven into the American social fabric and justice system.

Yes, there should be penalties for crimes in America, but there is something critically wrong when Black males only make up a small percentage of the total American population yet are the highest percentile of American prison inmates, of inmates on death row, or individuals with criminal records which will follow many of them for the remainder of their physical lives.

Indeed I thought of this and so much more as I assembled with that mostly young and very multicultural group at Downtown Brooklyn's The House of the Lord church for the Troy Davis rally and vigil last night. We had no real structure for the program, no idea what was going to happen, but we were clear, as were thousands of others similarly gathered across America, and the world, that we could not go through this modern-day lynching of Troy Davis alone. So we created spaces for ourselves, we burned candles, we marched, we rallied, we prayed, we cried, we held hands, and we Americans hugged strangers in a way I had not seen since the night Barack Obama was elected president and, before that, not since the September 11th tragedy.

For me personally my emotions and spirit felt twisted in a hurricane, like a thick tree broken at its root, because I could not help thinking that I, a Black male in America, could very easily be in Troy Davis' position. To be sure, some one hundred years ago, White males summarily murdered my great-grandfather, Baine Powell, from my mother's side of our Low Country South Carolina family, in his community because they coveted his business independence and his 400 acres of land. His widow was left with three mere acres and children to raise solo. As the story goes the fear and trauma left by the killing of my great-grandfather led many of my kinfolk to flee that community, fearing it could happen to them, too. While others stayed, paralyzed with that fear, the story passed from one generation to another in hushed tones of trepidation and warning.

Thus, for some Americans, there is a painful memory of lynchings, of people watching, celebrating, and smiling when a Black man was executed, in many cases for a crime with untrustworthy witnesses and flimsy evidence, as was the situation with Troy Davis. That is why so many took to the social networks and used the term lynching without apology. And these were not just Black folks saying this either. For all Americans know, even in the quiet spaces of our minds, what America's shaky history is around justice. Matter of fact, when Larry Cox of Amnesty International came out of the Georgia Diagnostic and Classification Prison (yes, that is the real name) after witnessing Troy Davis' execution last night, he declared, pointedly, "I'm deeply ashamed of my country."

Does not mean that Mr. Cox, or any of us, are unpatriotic. On the contrary patriotism means, for me, that I love America so much, know its history so well, know its soul, heart, and mind so intimately, that I am clear what the potential is for America. But we will never achieve that potential, and will forever be semi-participants in the democracy and freedom social experiment, for ourselves, for the world, as long as things like the death penalty, poverty, ghettos, a dysfunctional public school system, and the absence of real-life economic opportunities for each and every American are alive and well.

So if there is ever a time for a national gut check, it is right here. For example, that means that so many people, especially in the state of Georgia, could have said their political careers are less important than murdering a potentially innocent man. Be it the five people who sit on the Georgia State Board of Pardons and Paroles, or the Chatham County (Savannah) District Attorney, or the judge who signed Troy Davis' death warrant on September 6, one after another refused to budge, or said they were powerless to do anything further. It makes you wonder how any of these folks can look themselves in the mirror on any given day, how they can, from one January to the next, celebrate the life and teachings of Georgia native son Martin Luther King, Jr., yet casually ignore one of his last lessons about us human beings needing to practice "a dangerous kind of selflessness." What these officials did, instead, was turn their ears and hearts off from people the world over, hid behind timid statements and telephone and fax busy signals, and either claimed someone else had more power than they, or they simply refused to acknowledge the 7 of 9 witnesses who recanted their stories, the lack of consistent and concrete evidence, and the moral outrage that poured in from Pope Benedict XVI, former president Jimmy Carter, former FBI Director (under President Ronald Reagan) William S. Sessions, Nobel Peace Prize winner Desmond Tutu, six prison wardens, and over one million signed petitions.

We can run but we cannot hide, and I sincerely hope the Troy Davis case also increases voter participation in Georgia threefold, especially among younger voters, and that Georgians vote out of office district attorneys, judges, and any elected official who did not listen to the cries of the people at an hour such as this. If not now, then when? If not for we the people, then for whom do you work? But this is what happens when people with clear and multiple political aspirations and clear and multiple political agendas put their careers and maneuverings for power ahead of the people. All the Georgia officials who, at one point or another over the past 20 years have crossed paths with the Troy Davis case, now have to live, for the rest of their physical lives, with the reality that they all took part in a state-sponsored murder. And did little to nothing to halt it.

Indeed, no one that I know, including me, was even remotely suggesting that Troy Davis should have been freed from jail. No. Just make it a life sentence is what I have stated publicly, especially under that huge cloud of doubt. But there is simply no way to kill the spirit of a man, a human being, who maintained his innocence right to the very end, as that lethal injection ended his life at 11:08Pm on Wednesday, September 21, 2011. As I said in a previous blog, I do not know what happened on the night of August 19, 1989, but I just cannot subscribe to the notion of an eye for an eye. If it was wrong for Officer MacPhail to be killed, then it was also wrong for Troy Davis to be killed. Either we human beings, in America, in the world, are going to practice peace, love, nonviolence, compassion, and mercy toward each other, or we are going to continue down a path toward the destruction of us all, one community after another, one nation after another, one life after another. I am not sure what God you worship, but the one I celebrate does not condone any of this.

Likewise I categorically refuse to walk down that path of despair and hopelessness, for the work for justice is just beginning. Let us see the possibilities created by the short lives of both Officer Mark MacPhail and Troy Davis. Let us pray that the families of Officer MacPhail and Troy Davis one day come together to find the entire truth of what occurred, and become an extraordinary symbol of human unity and human understanding. Let us latch ourselves to that old but reliable mule called history and recall that it took a progressive, multicultural coalition of people power, committed for years, to end slavery in America. That same super-charged energy brought us the presidency of Barack Obama in 2008. So I am convinced that we can come together, stay together, and be together, in this moment, to create a movement to end the death penalty in America and on this planet, once and for all.

And when we do this, Troy Davis' execution shall not be in vain--

Kevin Powell is an activist and public speaker based in Brooklyn, New York. A nationally acclaimed writer, Kevin is also the author or editor of 10 books. His 11th, Barack Obama, Ronald Reagan, and The Ghost of Dr. King: And Other Blogs and Essays, will be published January 2012. Email him at kevin_powell, or follow him on Twitter @kevin_powell

 
 
 

Follow Kevin Powell on Twitter: www.twitter.com/kevin_powell

There is yet another great and bloody gash on the soul of America right now, because we allowed a state-sponsored killing of a potentially innocent man to occur in our name, on our watch. Fellow Ameri...
There is yet another great and bloody gash on the soul of America right now, because we allowed a state-sponsored killing of a potentially innocent man to occur in our name, on our watch. Fellow Ameri...
 
 
  • Comments
  • 30
  • Pending Comments
  • 0
  • View FAQ
Comments are closed for this entry
View All
Favorites
Recency  | 
Popularity
HUFFPOST SUPER USER
dbrett480
07:01 PM on 10/02/2011
The Troy Davis case has absolutely nothing to do with the so-called "prison-industrial" complex, although it makes an easy target. Davis was convicted by a jury based on eyewitness statements. Either the eyewitnesses are lying to protect the real murderer or they are lying to free Davis. They are the ones who should have Davis's death on their conscience.
HUFFPOST SUPER USER
buc
11:21 AM on 09/25/2011
I JUST FOUND THIS...PLEASE READ AND WEEP...IT'S A SAD DAY IN AMERICA...
photo
HUFFPOST SUPER USER
BlackPrincess
You Are Loved. Think Positive.
07:53 PM on 09/24/2011
"Likewise I categorically refuse to walk down that path of despair and hopelessness, for the work for justice is just beginning."-- Kevin Powell

An Excellent article.

The modern mass movement to ABOLISH capital "murder" began when Troy Davis was executed at 11:08 pm on September 21, 2011.
02:06 AM on 09/24/2011
every time this happens we all die a littlle. looking around and seeing how appalled the civilized world is with us is embarrassing and causes such a flood of feelings,some hard to define. made worse is the what seems to me to be the self-rightious stance that so many americans have regarding the death penalty. some were saying even if mr davis was innocent,he apparently got a fair trial and what is done is done. can they really mean that? are we that removed from the suffering of others. two families have endured horrible tragedys. one 22yrs ago and another one watching and waiting for sept 2011. and they have endurred thier loved one pulled from deaths door 3 times. why? because we are a society sick with confusion,guilt and an uneasy knowing that this is a system very broken and unjustly used against the poor. how quick will the supporters of death be if the day comes when they are wrongly accused? terribly frightening. the solution is so simple. we don't kill. we do not act the same way the criminal did. it works fine in all the other non-death states and canada britian etc...too many to mention. america will not fall to pieces if we stop killing our criminals. and we never again have to worry that something as heinous as an innocent life is taken by an entire country...
This user has chosen to opt out of the Badges program
photo
07:09 PM on 09/23/2011
The thing that get me is that Obama and The U.N. got involved in a execution case in Texas that involved an illegal Mexican to try and get that execution stayed and yet he was completely mute on Troy Davis.Obama is nothing but a stool pigeon for the "Unseen Hand" and frankly I'm sick of him and the way he totally ignore Blacks while catering to everyone else.Now I'm not shocked he's acting as he does because I saw the signs during the campaign.
04:51 PM on 09/23/2011
hello Kevin, thank you for the poignant article. we have to keep working together to let this be the turning point in our country's barbaric and archaic eye for an eye legal system. the point is it doesn't matter if troy was guilty or not, he served his time on death row - 22 years! i love you troy davis, who you were and what you will always represent.
we will not be a civilized country until we can end the death penalty. please keep writing about troy. i know my 2 year old will be studying this case when she's older in school.
12:34 PM on 09/23/2011
In my opinion, Troy Davis's execution was a triumph for the American legal system because the correct verdict stood up in the face of immense pressure. It made it all the way to the Supreme Court which issued a decree it had not done so in 50 years...to review the evidence and the procedural manner in which a verdict and sentence were handed down and it passed. It passed despite the popular recitation of "7of 9 eye witnesses recant their testimony." And for that I think we should be proud that justice was served...even if you are anti-death penalty. I know I am.
photo
HUFFPOST SUPER USER
BlackPrincess
You Are Loved. Think Positive.
07:55 PM on 09/24/2011
You're kidding. Right?
08:43 PM on 09/24/2011
In no way am I kidding. There's a reason judges are not elected officials. Sometimes popular opinion is not correct. The anti death penalty movement tried to hijack this case and I think that is dangerous because the death penalty issue should not be waged on the facts of one murder case. It's about something bigger than that and we lose that when we hinge it inn troy davis's innocence or apparent guilt.
12:34 PM on 09/23/2011
They had eye witness statements from a dozen or so people including US servicemen in the early morning hours immediately after the murders and all of those statements which are part of the record confirm what they found later to be true through hard evidence. That Troy Davis was wearing a white batman t-shirt and dark shorts when he went to a pool party that evening and shot at a car full of people injuring one, and he was clearly identified in that outfit as the person who shot and killed MacPhail. The recantations are partial and unbelievable. One of them is a good friend of Troy Davis, Darrell Collins, who is probably the only other person besides Davis and Coles who knows EXACTLY what happened that night. His statements in the 24 hours following the murder are the most believable. His statements 20+ years later when his friend sits on death row are less believable. He knows Troy Davis killed MacPhail and the inconsistencies in his statements reflect that.

Regardless, Troy Davis's execution is the wrong cause for anti-death penalty advocates to take up because anyone who takes an hour to study this case will conclude what Judge Moore concluded which is that Troy Davis was given a fair trial and that the new evidence and recantations that emerged in the 20+ years that followed are not compelling in any way. TBC...
HUFFPOST SUPER USER
BlairCase
06:07 PM on 09/23/2011
The defense never said that seven witnesses recanted their testimony. The defense claims seven witnesses recanted "all or part" of their testimony. The federal appeal court ruled only one recanted anything of significance. He said he lied when he testified Davis had confessed the crime. One of the "recants" merely corrected a minor detail about an incident that took place days before the murder. She reaffirmed her testimoney that she saw Davis shoot the police officer. At the hearing, "Mr. Collins did not recant his testimony regarding the white shirt. Instead, he testified that he presently had no memory of what color shirt Mr. Davis was
wearing that night, but would assume that whatever he told the police police about the color of Mr. Davis's shirt would have been a lie because all inculpatory testimony he provided is
presumptively false in his mind." This was nothing new. Collins said the same thing at the original trial and the jury did not believe him.
12:33 PM on 09/23/2011
Here is the problem I have with the Troy Davis case: the guy was guilty. This murder case has been seized upon by the anti-death penalty movement as a defining moment but I think it is a losing strategy for those who wish to demonstrate the flaws in the system. I for the record am anti-death penalty although I admit that I do not feel as strongly about the cause as I do other injustices in this world. The outcry over Troy Davis's death sentence piqued a natural curiosity in me to read US Federal District Judge Moore's entire review of the case including the alleged 7 of 9 eye witness recantations. Here's what I concluded; You either believe that Troy Davis shot Michael Cooper in the face and murdered Officer MacPhail in cold blood or you believe that there was a massive conspiracy and cover up by the Savannah PD in a rush to judgement to find the killer of one of their own. The latter is plausible (cops frame innocents all the time) although more unlikely. But the reason why I don't give the cover up theory much credibility in this situation is that they didn't have to frame Troy Davis. The only people that could have killed MacPhail are Troy Davis and Redd Coles. The police had Redd Coles before they had Troy Davis. TBC...
photo
HUFFPOST SUPER USER
BlackPrincess
You Are Loved. Think Positive.
08:13 PM on 09/24/2011
"The only people that could have killed MacPhail are Troy Davis and Redd Coles. The police had Redd Coles before they had Troy Davis. TBC... " -- Markefried

There...I believe you have cracked this case.
12:31 PM on 09/23/2011
Sadly, you need to check your facts and read the transcripts. Obviously you only scanned the headlines and formulated your misguided opinion. Troy Davis was guilty. 7 of 9 witness DID NOT recant. FACTUALLY there were 34 prosecution witnesses, NOT 9. Yes there was physical evidence. Yes Troy Davis's mother lied. Yes the defense presented un-sworn affidavit of a deceased person and claimed it was a recantation. Yes the defense presented an affidavit and refused to allow the actual person to testify, even though she was sitting in the hallway. YES all the witness descriptions point to Davis. Yes Davis put himself at the scene. Yes Davis ran home and washed his clothes. Yes Davis fled Savannah. YES the Staff Sgt. who was feet from the shooting positively identified Davis as the shooter and did not "recant" his testimony. Nor did the Lt. Col who was also present "recant" his statement. I understand you don't like/want the death penalty, but hitching your wagon to a clearly guilty cop killer through false information is misguided at it's best.
12:39 PM on 09/23/2011
Exactly the point I was trying to make in my long-winded diatribe..thanks for summarizing.
photo
HUFFPOST SUPER USER
BlackPrincess
You Are Loved. Think Positive.
08:17 PM on 09/24/2011
If Troy Davis was at the scene of the crime...So were the so-called 34 witnesses. And WHY would Davis WASH his clothing when he could have easily ditched them? Something doesn't add up here.
12:17 PM on 09/23/2011
Progressive seem to let the facts get away from them when they have an agenda:

(See page 41 the Georgia ruling.)
Remember as well that there were 34 witnesses, not the 9 as claimed. The defense claims seven witnesses changed their testimony. That’s actually not true. Only two materially changed their testimony and Davis’s attorneys refused to present those two in federal court in 2010 to be examined in the evidentiary hearing even though they sat outside the courtroom door
12:53 PM on 09/23/2011
The 34 witnesses included experts, like ballistics, crime scene examiners and others... NOT eye witnesses which are the ones who had the issues. Materially changed is in effect not true. If you go from saying I saw him, to i'm not sure that is a material change. This was all legal wrangling. If the witnesses who fingered Sylvester Cole were introduced so would Sylvester Cole have been called as a witness. It was a catch 22.
Regardless, do you know who executes the most people in the world? Iran, China, Yemen, North Korea and US. Executions save us no money. If you add up the total spent on appeals it is some 15 million dollars vs, keeping someone alive for 250k. So I don't know who you think is skewing things here but its not the anti execution crowd. No one said let him go. They sure as heck could have left him alive till we found out for sure or more preferrable let him live his life in prison. We each and everyone of us look like barbarians to the rest of the world who we try to lecture on human rights. Where were Troy's human rights?
01:01 PM on 09/23/2011
That is the whole point, they did keep him alive for 20+ years to "found out" and every court and every appeal decided his evidence was not credible. Troy Davis shot Michael Cooper in the face, murdered MacPhail and fled to Atlanta. These are the facts. Everything else is just noise created by the defense and seized upon by anti-death penalty advocates to further their own goals. Very little of it is done in the name of justice which I believe was served in this particular case. I am anti-death penalty and I think there are more compelling cases to attach the cause to and more compelling arguments besides the killing of innocents. People are found to be innocent of murder after being convicted all the time...why should those cases be any less seized upon as evidence for why the death penalty is unconstitutional then a case when the probability of guilt is very, very high.
02:06 PM on 09/23/2011
Leading headlines with 7 out of 9 witnesses recant is misleading and in fact a complete LIE. Most people believe there were only 9 witnesses which is absurd. One of Davis's friends recantation consisted of that he didn't remember what he said 20 years ago. Not what he said was not true. People are so willing to believe in police misconduct and coercion, but pay no value to community pressure and/or pressure from the NAACP to change their stories. Even still these "recantations" don't amount to anything as all of them, with the exception of one jail house snitch, place him at the scene wearing the clothing of the shooter.
HUFFPOST SUPER USER
BlairCase
12:16 PM on 09/23/2011
As major reason more blacks are executed for killing whites than whites are executed for killing blacks is that blacks kill more whites. According to the Justice Department, in 2009 whites killed 209 blacks while blacks killed 454 whites. This is a remarkable statistic considering that blacks make up only about 13% of the population. Texas this week executed one white person (Brewer) for killing a black man and would have executed a second white man (Cleve Foster) for murdering an Asian except that Foster got a temporary stay from the Supreme Court. Texas has executed six people so far this year. http://www2.fbi.gov/ucr/cius2009/offenses/expanded_information/data/shrtable_06.html
11:56 AM on 09/23/2011
Thanks Kevin. The paragraph fourth from last says it all. If you could send that paragraph to every media head who is trying to spread a sense of fake normalcy onto this, that would be great. Everyone should be outraged....not speaking like we're being interviewed on NPR.