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Rev. Al Sharpton

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The Execution of Troy Davis Was a Miscarriage of Justice and the World Watched It Play Out

Posted: 09/22/11 03:56 PM ET

As I stood in the courtyard of Jackson State Prison in Georgia yesterday holding a prayer vigil for Troy Anthony Davis, I, like so many others held out hope for some sort of miracle. In the exact location where I joined Troy's mother in 2008 when we received such a miracle 90 minutes before his scheduled execution, perhaps I was too optimistic in believing that similar action could take place and justice would prevail. Despite the fact that there was a last minute delay in Troy's execution last night that sent jubilation throughout the crowd, all of us collectively watched as he was eventually put to death. This time, even with an expansive global movement to save his life, the miracle unfortunately never arrived.

Ever since I was first introduced to the Troy Davis case several years ago, I have been perplexed as to how a man was convicted based solely on eyewitness statements and without any physical evidence. No weapon, no DNA and no proof other than the fact that some people stated he committed the alleged crime. But what makes Troy's case an utter travesty in our legal system is the fact that 7 out of these 9 witnesses have since recanted their testimony and many said that they were coerced or pressured into pointing the finger at Troy. And yet, he was still executed last night. One of the two remaining witnesses who did not recant his/her testimony was a man by the name of Sylvester 'Redd' Coles -- another suspect in this case. And yet, Troy was still executed last night. A female witness even stated that she was threatened by Coles if she came forward, and yet Troy was still executed last night. Everyone from former President Jimmy Carter and Archbishop Desmond Tutu to former prison wardens and conservatives who are pro-death penalty pushed for a stay in this man's death penalty, and yet Troy was still executed last night.

I will be traveling to Washington, D.C. to meet with the Justice Department to push for a federal law that prohibits any state from prosecuting a capital case based solely on eyewitness testimony. Nowhere in America should an individual be executed again without any concrete physical evidence. And at this time, as we mourn the loss of Troy, we must continue to move as well -- to mourn without moving only compounds this most egregious injustice. Although it may be very difficult, especially for those that knew Troy and those that fought on his behalf for years, we all must push forward and ensure that his death was not in vain. A federal law is absolutely necessary, and whether one is pro-death penalty or anti-death penalty like myself, we need to set the bar to where concrete evidence must be required before taking a person's life.

For those of us who were pushing for a stay in Troy's execution, do not let anyone paint you as against the family of the slain police officer in this case, Mark MacPhail -- for that is the furthest thing from the truth. Our deepest sympathies go out to the MacPhail family, and because they too deserve justice, a re-examination of this case was essential in order to truly determine who was culpable. That's all Troy Davis asked for; a chance to halt his execution and receive a fair day in court. But tragically, that opportunity was diminished last night.

As I left Georgia yesterday to return to NY, I was consumed in the irony that so many heads of state were gathered at the UN and heard the U.S. stress the importance of human rights while we simultaneously executed this man. What did they think as they turned on the news, read the papers and watched how we behaved? In order to preach and advocate for rule of law and civil/human rights, we must first rectify our own miscarriages of justice at home.

Troy Davis died at the age of 42, after spending 22 years behind bars. As we know all too well, those with money and the ability to hire high-powered attorneys receive the best defense and fighting chance in court. Imagine if one day you woke up and someone accused you of murder and you were then sentenced to death for it. That's pretty much what happened to Troy. Based solely on eyewitness testimony that is almost unanimously recanted, a man's life was cut short last night. If laws are designed to protect us and establish a humane society, we must rectify them so that this sort of injustice never happens again.

Mourn we must, but we must continue to move. Carry on the fighting spirit of Troy Davis who till his last breath, proclaimed his innocence.

 

Follow Rev. Al Sharpton on Twitter: www.twitter.com/TheRevAl

As I stood in the courtyard of Jackson State Prison in Georgia yesterday holding a prayer vigil for Troy Anthony Davis, I, like so many others held out hope for some sort of miracle. In the exact lo...
As I stood in the courtyard of Jackson State Prison in Georgia yesterday holding a prayer vigil for Troy Anthony Davis, I, like so many others held out hope for some sort of miracle. In the exact lo...
 
 
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01:31 PM on 10/02/2011
Al, your a pretty good advocate, but, have a question for you. You say 7 out of 9 recanted their testimony. If that's true you may want to ask the cutting edge defense team why did they not include sowrn affidavits into the appeal process for judicial review? This is a legal requirement for any judicial review. No affidavits, no review.
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Wattdidusay
05:25 PM on 10/01/2011
Troy Davis was found guilty and that verdict has held up in appeal after appeal. Is it so inconceivable that maybe the Justice System got it right? The irony here is an extortionist and con artist like Al is still walking free, esteemed even by those with the gibs-me-dat mentality.
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spiderbucket
Free speech above all else
01:25 PM on 09/28/2011
"Imagine if one day you woke up and someone accused you of murder and you were then sentenced to death for it. That's pretty much what happened to Troy."

EXCEPT for the fact that he was convicted of shooting someone else that very same day. This guy should not be your poster child for what is wrong with our justice system.
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01:14 PM on 09/27/2011
The key sentence in this article is "he was convicted soley based on testimony of eyewitnesses",
notice the word is plural.
07:32 PM on 09/24/2011
But resist we much, we must, and we will much, about that be committed. Very poetic, al.
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Boetica
10:39 PM on 09/23/2011
Is that what he was doing at Freddie's Fashion Mart before those people were murdered because of his incitement? Holding a prayer vigil or a Bar-B-Que?
12:48 PM on 09/23/2011
It is a sad day when we kill a man without the evidence to prove beyond a reasonable doubt. If they found someone else to be the real murderer what will happen then.How will the victims family feel then? They will be haunted by this for the rest of their lives.
01:11 PM on 09/23/2011
It is really mind boggling how all you people read a few articles and then assume to know the facts. Do some real research and it is easy to find all the flat out lies thrown out lately about this case by the media and Sharpton and the like. Including the so called "fact" about 7 of the 9 witnesses racanting. To start, there 34 witnesses-yes, 34 huff post!!!! Yes Rev Al! Not 7! 34! Public record! 34! Many of the witnesses knew Davis! 3 of the people who recanted were his friends, 1 wasn't a recanted statement at all.

The only real recanted statements, (2 witnesses) were not considered because Davis himself would not let them testify at the post-trial evidentiary hearing, even though one was seated right outside the courtroom, waiting to appear! Come on SHEEPLE! Don't believe everything you read. Do your own homework. Read about all the people who didn't recant! And who they were!

You can start with a great article that sums up the case and has plenty of links to actual facts!

http://wwwwakeupamericans-spree.blogspot.com/2011/09/troy-davis-convicted-cop-killer-excuted.html
02:27 PM on 09/23/2011
Good grief, get the h_ll off the HP and check out "all" the info on this man's conviction and appeals!!
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dancerctry
I love Gardening and Decorating
11:40 AM on 09/23/2011
It's not fair that all he asked for was another trial. I don't understand why thy kept denying him, without reason. All I can say is it is Georgia, there probably was a lot of prejudice in the jury and with the judge. I keep going back to there was more evidence to convict Casey Anthony yet she is free (sorta). The family didn't want to hear him, they must be prejudice too. Most families want the correct person punished, they didn't want to hear that there was a possibility it was someone else. I hope the got the closure, but now there are a lot of people who hate them for not listening to him, for not letting Troy state his case.
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BlairCase
12:37 PM on 09/23/2011
Troy Davis got a special evidentiary hearing before a federal appeals court, the first of its kind in more than 50 years. Troy Davis refuse to testify (state his case) at the special hearing, probably because other witnesses who testified on behalf of the defense contradicted the testimony Davis gave at the original trial. He was never denied the opprtunity to state his case. Requesting a special hearing and then refusing to testify at it is bizarre behavior. The defense claims someone else other than the defendant is guilty at virtually every murder trial. It's something the family of most murder victims have to endure. The family of murder victims expect to be demonized by defense advocates.
01:35 PM on 10/02/2011
Bingo!!!
02:30 PM on 09/23/2011
Check out the facts!! Plus, the main appeals judge was appointed by President Clinton and he ruled against Davis and it still went to the SCOTUS!!
11:30 AM on 09/23/2011
Here, here...beautiful piece Al! My sentiments exactly.
11:15 AM on 09/23/2011
again, twenty-two years
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BlairCase
11:07 AM on 09/23/2011
Federal Judge William T. Moore's witness-by-witness analysis of testimony presented at the special hearing in 2010 is online (http://multimedia.savannahnow.com/media/pdfs/DavisRuling082410.pdf.) As Moore points out, only one witness actually recanted his original testimony. ("Of his seven 'recant ations,' only one is a meaningful, credible recantation," Moore wrote.) One of the "recants," now deceased, only changed a minor detail regarding an insignificant event that happened the day before the murder. The judge concludes that, "The vast majority of the evidence at trial remains intact, and new evidence is largely not credible or lacking in probative value. Moore also points out that the new trestimony tended to refute allegations of police coercion. The report is just over 170 pages. The analysis of the witness testimony appears toward the end.
01:06 PM on 09/23/2011
And here is what the original DA who prosecuted the case said.

http://www.11alive.com/news/article/206167/40/Ex-DA-Doubt-recantations-manufactured-in-Troy-Davis-case?odyssey=obinsite
11:06 AM on 09/23/2011
This man shot a cop in front of dozens of witnesses, the prosecution called upon thirty of them, this man was a repeat gun crime offender who killed a police officer. Justice was done.
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Wattdidusay
05:30 PM on 10/01/2011
Say it ain't so! He was a good boy, turning his life around and an aspiring musician!
10:57 AM on 09/23/2011
While this may have been percieved as a flaw in our Judicial System, the man was convicted by a jury of his peers, and went through all of the appeals require for an execution. If it looks like a duck, sounds like a duck, it is probably a duck.
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Peter Boehringer
Dona nobis pacem
11:31 AM on 09/23/2011
Whether or not he was guilty really isn't the main issue. The real issue is the death penalty itself and why we still have it when again and again it has been proven that it is racially and class biased. Rage, hatred, insanity, and vengeful anger is what we expect from murderers. What does it say about the state, when it murders with cold eyed calculation? If our judicial system were a car, you wouldn't buy it.
11:59 AM on 09/23/2011
I don't know if I agree with the racial part of it. I've read many more stories in recently of white people being executed than black. My only problem with the death penalty itself is that we don't use it quick enough and we don't use it often enough. If someone is convicted of murder, or raping a child, they should be given a fair trial and their proper appeals, and if found guilty everytime, executed swiftly, the entire process should take no longer than 5 years. I am not a "gung ho fry that guy" type of person but I feel putting someone in jail for 60 years so they can repay their debt to society, while costing society $30,000 per year is an oxymoron.
01:38 PM on 10/02/2011
Ahh, as I thought. No problem, you are opposed to the death penalty. Fine.
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Peddler
Peddler of Information
10:24 AM on 09/23/2011
The world is but a stage------and we all play our parts.
06:57 PM on 09/24/2011
That is from "Are You Lonesome Tonight" by Elvis not Shakespeare
10:18 AM on 09/23/2011
Like someone once told the brother Malcom X, "Y'all talk a good game but y'all ain't gone do nothing about it"