Showing posts with label Innocence Cases. Show all posts
Showing posts with label Innocence Cases. Show all posts

Friday, September 23, 2011

Troy Davis executed, supporters cry injustice


(CBS/AP) Sept. 22, 2011

JACKSON, Ga. - Strapped to a gurney in Georgia's death chamber, Troy Davis lifted his head and declared one last time that he did not kill police officer Mark MacPhail. Just a few feet away behind a glass window, MacPhail's son and brother watched in silence.

Outside the prison, a crowd of more than 500 demonstrators cried, hugged, prayed and held candles. They represented hundreds of thousands of supporters worldwide who took up the anti-death penalty cause as Davis' final days ticked away.

"I am innocent," Davis said moments before he was executed Wednesday night. "All I can ask ... is that you look deeper into this case so that you really can finally see the truth. I ask my family and friends to continue to fight this fight."

Prosecutors and MacPhail's family said justice had finally been served.

Troy Davis executed in Georgia
High Court rejects Troy Davis' last minute appeal
Troy Davis' last words: I'm innocent

"I'm kind of numb. I can't believe that it's really happened," MacPhail's mother, Anneliese MacPhail, said in a telephone interview from her home in Columbus, Ga. "All the feelings of relief and peace I've been waiting for all these years, they will come later. I certainly do want some peace."

She dismissed Davis' claims of innocence.

"He's been telling himself that for 22 years. You know how it is, he can talk himself into anything."

Davis was scheduled to die at 7 p.m., but the hour came and went as the U.S. Supreme Court apparently weighed the case. More than three hours later, the high court said it wouldn't intervene. The justices did not comment on their order rejecting Davis' request for a stay.

CBS News justice correspondent Jan Crawford reports that even the four liberal justices on the nation's highest court agreed - Davis had multiple chances to prove his innocence, and each time he failed.

Hundreds of thousands of people signed petitions on Davis' behalf and he had prominent supporters. His attorneys said seven of nine key witnesses against him disputed all or parts of their testimony, but state and federal judges repeatedly ruled against him — three times on Wednesday alone.

U.S. executions, by the numbers
White supremacist executed in Texas
The slow death of the death penalty?

Officer MacPhail's widow, Joan MacPhail-Harris, said it was "a time for healing for all families."

"I will grieve for the Davis family because now they're going to understand our pain and our hurt," she said in a telephone interview from Jackson. "My prayers go out to them. I have been praying for them all these years. And I pray there will be some peace along the way for them."

Davis' supporters staged vigils in the U.S. and Europe, declaring "I am Troy Davis" on signs, T-shirts and the Internet. Some tried increasingly frenzied measures, urging prison workers to stay home and even posting a judge's phone number online, hoping people would press him to put a stop to the lethal injection. President Barack Obama deflected calls for him to get involved.

"They say death row; we say hell no!" protesters shouted outside the Jackson prison before Davis was executed. In Washington, a crowd outside the Supreme Court yelled the same chant.

As many as 700 demonstrators gathered outside the prison as a few dozen riot police stood watch, but the crowd thinned as the night wore on and the outcome became clear.

Supporters lament Supreme Court's refusal to intervene in Troy Davis execution

Minister Lynn Hopkins, left, comforts her partner Carolyn Bond after hearing that the U.S. Supreme Court rejected a last minute plea of Georgia death row inmate Troy Davis In Jackson, Ga., Sept. 21, 2011.

(Credit: AP)

Davis' execution had been halted three times since 2007. The U.S. Supreme Court even gave Davis an unusual opportunity to prove his innocence in a lower court last year. While the nation's top court didn't hear the case, they did set a tough standard for Davis to exonerate himself, ruling that his attorneys must "clearly establish" Davis' innocence — a higher bar to meet than prosecutors having to prove guilt. After the hearing, a lower court judge ruled in prosecutors' favor, and the justices didn't take up the case.

His attorney Stephen Marsh said Davis would have spent part of Wednesday taking a polygraph test if pardons officials had taken his offer seriously. But they, too, said they wouldn't reconsider their decision. Georgia's governor does not have the power to grant condemned inmates clemency.

As his last hours ticked away, an upbeat and prayerful Davis turned down an offer for a special last meal as he met with friends, family and supporters.

"Troy Davis has impacted the world," his sister Martina Correia said before the execution. "They say, `I am Troy Davis,' in languages he can't speak."

Members of Davis' family who witnessed the execution left without talking to reporters.

Davis' supporters included former President Jimmy Carter, Pope Benedict XVI, a former FBI director, the NAACP, several conservative figures and many celebrities, including hip-hop star Sean "P. Diddy" Combs.

"I'm trying to bring the word to the young people: There is too much doubt," rapper Big Boi, of the Atlanta-based group Outkast, said at a church near the prison.

At a Paris rally, many of the roughly 150 demonstrators carried signs emblazoned with Davis' face. "Everyone who looks a little bit at the case knows that there is too much doubt to execute him," Nicolas Krameyer of Amnesty International said at the protest.

Davis was convicted in 1991 of killing MacPhail, who was working as a security guard at the time. MacPhail rushed to the aid of a homeless man who prosecutors said Davis was bashing with a handgun after asking him for a beer. Prosecutors said Davis had a smirk on his face as he shot the officer to death in a Burger King parking lot in Savannah.

No gun was ever found, but prosecutors say shell casings were linked to an earlier shooting for which Davis was convicted.

Witnesses placed Davis at the crime scene and identified him as the shooter, but several of them have recanted their accounts and some jurors have said they've changed their minds about his guilt. Others have claimed a man who was with Davis that night has told people he actually shot the officer.

"Such incredibly flawed eyewitness testimony should never be the basis for an execution," Marsh said. "To execute someone under these circumstances would be unconscionable."

The National Association for the Advancement of Colored People, which helped lead the charge to stop the execution, said it considered asking Obama to intervene, even though he cannot grant Davis clemency for a state conviction.

Press secretary Jay Carney issued a statement saying that although Obama "has worked to ensure accuracy and fairness in the criminal justice system," it was not appropriate for him "to weigh in on specific cases like this one, which is a state prosecution."

Dozens of protesters outside the White House called on the president to step in, and about 12 were arrested for disobeying police orders.

Davis was not the only U.S. inmate put to death Wednesday evening. In Texas, white supremacist gang member Lawrence Russell Brewer was put to death for the 1998 dragging death of a black man, James Byrd Jr., one of the most notorious hate crime murders in recent U.S. history.

On Thursday, Alabama is scheduled to execute Derrick Mason, who was convicted in the 1994 shooting death of convenience store clerk Angela Cagle.

Tuesday, September 20, 2011

A message from Troy Anthony Davis

September 10, 2011

Troy was found guilty of murdering a police officer 19 years ago,
based upon the testimony of 9 witnesses. Today, 7 of those 9 have
recanted their testimony entirely, and there are enormous problems
with the testimony of the remaining 2 witness accounts. There is NO
OTHER EVIDENCE. The murder weapon was never found. There is no DNA to
test. Troy is scheduled to die by lethal injection on September 21, 2011.

To All:

I want to thank all of you for your efforts and dedication to Human
Rights and Human Kindness, in the past year I have experienced such
emotion, joy, sadness and never ending faith. It is because of all of
you that I am alive today, as I look at my sister Martina I am
marveled by the love she has for me and of course I worry about her
and her health, but as she tells me she is the eldest and she will
not back down from this fight to save my life and prove to the world
that I am innocent of this terrible crime.

As I look at my mail from across the globe, from places I have never
ever dreamed I would know about and people speaking languages and
expressing cultures and religions I could only hope to one day see
first hand. I am humbled by the emotion that fills my heart with
overwhelming, overflowing Joy. I can't even explain the insurgence of
emotion I feel when I try to express the strength I draw from you
all, it compounds my faith and it shows me yet again that this is not
a case about the death penalty, this is not a case about Troy Davis,
this is a case about Justice and the Human Spirit to see Justice prevail.

I cannot answer all of your letters but I do read them all, I cannot
see you all but I can imagine your faces, I cannot hear you speak but
your letters take me to the far reaches of the world, I cannot touch
you physically but I feel your warmth everyday I exist.

So Thank you and remember I am in a place where execution can only
destroy your physical form but because of my faith in God, my family
and all of you I have been spiritually free for some time and no
matter what happens in the days, weeks to come, this Movement to end
the death penalty, to seek true justice, to expose a system that
fails to protect the innocent must be accelerated. There are so many
more Troy Davis'. This fight to end the death penalty is not won or
lost through me but through our strength to move forward and save
every innocent person in captivity around the globe. We need to
dismantle this Unjust system city by city, state by state and country
by country.

I can't wait to Stand with you, no matter if that is in physical or
spiritual form, I will one day be announcing,

"I AM TROY DAVIS, and I AM FREE!"

Never Stop Fighting for Justice and We will Win!

Georgia Senator Joins SCHR to Urge Execution Staff to Strike & Refuse to Kill Troy Davis

Date of Publication:
09/20/2011

Atlanta - Today, the day before Troy Anthony
Davis is scheduled to be put to death by lethal
injection, Georgia Senate Democratic Whip Vincent
Fort and Southern Center for Human Rights
Executive Director Sara Totonchi have issued a
joint statement calling upon the individuals
charged with carrying out the execution to refuse
to participate in the killing of a possibly
innocent man.

Davis is scheduled to be executed on Wednesday,
September 21 at 7:00pm at Georgia Diagnostics &
Classifications Prison in Jackson, Georgia. The
statement, included below and sent to all parties
mentioned, appeals to the basic humanity of
individuals who each play roles in carrying out
an execution including the private medical
company that contracts with the state to be
involved in executions and the Corrections staff
at the prison.

Statement from Senator Vincent Fort and Sara
Totonchi to Those Who Will Carry Out the Execution
of Troy Davis

The execution of Troy Davis is immoral and
wrong. Almost all of the witnesses against him
have recanted. The courts and the parole board
have failed to use their power to prevent this
imminent miscarriage of justice. However, Troy
Davis' execution cannot take place unless human
beings at the Georgia Diagnostic &
Classifications Prison make it happen. They can
refuse to kill Troy Davis.

We call on Dr. Carlo Musso, CEO of Rainbow
Medical Associates, the organization contracted
by the Georgia Department of Corrections to
oversee executions, to decline to participate and
not allow any physician or other medical
personnel associated with his companies to
participate in the immoral execution of a
possibly innocent man, Troy Davis. We also call
on all employees of Dr. Musso's businesses,
Rainbow Medical Associates and CorrectHealth,
Inc., who have any involvement with implementing
the Georgia Department of Corrections execution
protocol, to refuse to participate in the
execution of Troy Davis. Remember your humanity
and that your oath is to facilitate healing, not
killing!

We are calling for a general strike or sick-out
by all but a skeleton staff of the Georgia
Diagnostic Prison on September 21st, 2011. We
say to the prison staff: If you work on that day,
you will enable the prison to carry out the
execution of a possibly innocent man. Please
remember your humanity!

We specifically call on Georgia Diagnostic Prison
Warden Carl Humphrey to refuse to carry out the
execution of Troy Davis, because he may be
innocent. Warden Humphrey, remember your
humanity. You have the power to stop this
immoral execution. Use it!

We call on the Deputy Warden of the Georgia
Diagnostic Prison to refuse to prepare the lethal
injection drugs for injection into Troy Davis'
veins. You have the power to disrupt this
immoral execution. Remember your humanity and
refuse to participate!!

We call on the prison nurses, who prepare the IV
lines through which lethal chemicals will flow
through Troy Davis' veins: Refuse to participate
in the execution of Troy Davis, because he may be
innocent. You are human beings who have the
power to stop this immoral execution. Your oath
is to facilitate healing, not killing!

We call on the corrections officers who are
assigned to strap Troy Davis to the lethal
injection table: Refuse to carry out your tasks
tomorrow! You have the power to stop this immoral
execution. Call in sick!

We call on the members of the Injection
Team: Strike! Do not follow your orders! Do
not start the flow of the lethal injection
chemicals. If you refuse to participate, you
make it that much harder for this immoral execution
to be carried out.

Each and every one of you are human beings with
the power to refuse and resist participation in
an immoral execution of a man who may be
innocent. We implore you to use this power. Please
remember your humanity!


Media Contact: Kathryn Hamoudah 404/688-1202
<mailto:khamoudah@schr.org>khamoudah@schr.org

Troy Davis denied clemency 1 day before execution

BY GREG BLUESTEIN - Associated Press | Sept. 20, 2011

ATLANTA — Georgia's board of pardons rejected a last-ditch clemency
bid from death row inmate Troy Davis on Tuesday, one day before his
scheduled execution, despite support from figures including an
ex-president and a former FBI director for the claim that he was wrongly
convicted of killing a police officer in 1989.

Davis is scheduled to die Wednesday at 7 p.m. EDT (2300 GMT) by injection
for killing off-duty Savannah officer Mark MacPhail, who was shot dead
while rushing to help a homeless man being attacked. It is the fourth time
in four years that Davis' execution has been scheduled by Georgia
officials.

"Justice was finally served for my father," said Mark MacPhail Jr., who
was an infant when his father was gunned down. "The truth was finally
heard."

The decision appeared to leave Davis with little chance of avoiding his
execution date. Defense attorney Jason Ewart has said that the pardons
board was likely Davis' last option, but he didn't rule out filing another
legal appeal.

Kim Davis, the inmate's sister, declined immediate comment on the
decision. But his supporters said they will push the pardons board to
reconsider the case and urge prison workers to strike or call in sick on
Wednesday to prevent Davis' execution. They also will push Savannah
prosecutors to block the execution.

"This is a civil rights violation and a human rights violation in the
worst way," said the Rev. Raphael Warnock, who spoke to the board on
Davis' behalf on Monday. "There's too much doubt for this execution to
continue."

Georgia's Board of Pardons and Paroles said it considered "the totality of
the information presented" before deciding to deny clemency.

"The Board members have not taken their responsibility lightly and
certainly understand the emotions attached to a death penalty case," the
five-person panel said in a statement.

Davis' lawyers have long argued Davis was a victim of mistaken identity.
But prosecutors say they have no doubt that they charged the right person
with the crime.

Among those who supported Davis' clemency request are former president
Jimmy Carter and Pope Benedict XVI. A host of conservative figures have
also advocated on his behalf, including former U.S. Rep. Bob Barr,
ex-Justice Department official Larry Thompson and one-time FBI Director
William Sessions.

MacPhail was shot to death Aug. 19, 1989, after coming to the aid of Larry
Young, a homeless man who was pistol-whipped in a Burger King parking lot.
Prosecutors say Davis was with another man who was demanding that Young
give him a beer when Davis pulled out a handgun and bashed Young with it.
When MacPhail arrived to help, they say Davis had a smirk on his face when
he shot the officer to death.

The National Association for the Advancement of Colored People said it was
considering asking President Barack Obama to intervene. Obama cannot grant
Davis clemency because Davis was convicted in state court, but could
potentially halt the execution by asking for an investigation into a
federal issue if one exists, according to Richard Dieter, executive
director of the Death Penalty Information Center.

Dieter said he thought it was unlikely Obama would intervene.

Civil rights leader Rev. Al Sharpton, who plans to hold a vigil at the
state prison in Jackson on Wednesday, called on supporters to urge Chatham
County District Attorney Larry Chisolm to block the execution.

"This is probably the most egregious injustice I have seen in a long time,
to set a precedent that a man can be executed when the evidence against
him has mostly been recanted," said Sharpton. "It's unthinkable."

Chisolm's spokeswoman, Alicia Johnson, did not immediately return calls
seeking comment Tuesday. But Chisolm has said it's unlikely he will seek
to intervene.

"What stands between the defendant and execution is the Board of Pardons
and Paroles," Chisolm said on Friday. "And I think whatever decision they
make in the case will probably be the final decision."

Davis has captured worldwide attention because of the doubt his supporters
have raised over whether he killed MacPhail. Several of the witnesses who
helped convict Davis at his 1991 trial have backed off their testimony or
recanted. Others who did not testify say another man at the scene admitted
to the shooting.

The U.S. Supreme Court even granted Davis a hearing last year to prove his
innocence, the first time it had done so for a death row inmate in at
least 50 years. But in that June 2010 hearing, Davis couldn't convince a
federal judge to grant him a new trial. The Supreme Court did not review
his case. Federal appeals courts and the Georgia Supreme Court have upheld
his conviction, leaving the parole board as his last chance.

MacPhail's relatives said they were relieved by the decision. "That's what
we wanted, and that's what we got," said Anneliese MacPhail, the victim's
mother. "We wanted to get it over with, and for him to get his
punishment."

Amnesty International USA director Larry Cox called the pardon board's
decision "unconscionable."

"Should Troy Davis be executed, Georgia may well have executed an innocent
man and in so doing discredited the justice system," Cox said.

Amnesty International and the NAACP have scheduled a demonstration at
Tuesday night on the steps of the Georgia Capitol.

Davis' legal team said in a statement it was "incredibly disappointed" by
the board's decision.

"The death penalty should not be exercised where doubt exists about the
guilt of the accused. The Board did not follow that standard here," their
statement said. "The state's case against Mr. Davis, based largely on
discredited eyewitness testimony and an inaccurate ballistics report,
cannot resolve the significant, lingering doubts that exist here."

___

Associated Press writers Kate Brumback in Atlanta and Russ Bynum in
Savannah contributed to this story.

A TRAVESTY OF JUSTICE: TROY HAS BEEN DENIED CLEMENCY

From Campaign to End the Death Penalty

Troy Anthony Davis has been denied clemency by the Georgia Board of Pardons and
Parole. This means that Troy could be executed tomorrow at 7 p.m. if the board does
not reverse its decision, and if no court intervenes.

Members of the Campaign to End the Death Penalty will not idly sit by while a murder
is carried out in the name of the state of Georgia. We will be holding speakouts and
rallies to demand that this execution be stopped and to urge the pardons board to
reverse its decision. We encourage everyone to come out if they can and continue to
phone, fax and e-mail messages to the board.

Over 1 million people have signed petitions in support of clemency for Troy. More
than 3,000 people marched and rallied for Troy just five days ago in Atlanta--the
largest demonstration of support for any death row prisoner since the protests to
stop the execution of Stan Tookie Williams in California in 2005. Global actions of
solidarity were held all over the world, including Germany, Hong Kong, Belgium and
Nigeria, and more than 300 actions that took place across the U.S.

Troy is supported by numerous civil rights leaders, including NAACP president Ben
Jealous, Jesse Jackson of Rainbow Push, and Al Sharpton of the National Action
Network. Other prominent supporters include President Jimmy Carter, Archbishop
Desmond Tutu, former FBI Director William Sessions, and former federal prosecutor
and death penalty supporter Bob Barr.

The question that has to be asked is: Why can't the members of the Georgia Board of
Pardons and Paroles see what over a million people have?

No physical evidence connects Troy to the murder for which he was condemned to
death, and seven of the nine witnesses against him at his original trial have
recanted their original testimony against Troy. Brenda Davis, one of the jurors in
that trial, told CNN in 2009, "If I knew then what I know now, Troy Davis would not
be on death row. The verdict would be 'not guilty.'"

Why isn't this good enough to win clemency for Troy? For that matter, why isn't it
good enough to win him a new trial where the evidence of his innocence could be
heard by a jury?

The answer is simple: It is good enough. People have won reversals in their cases
for far less than what Troy has put forward.

So why are so many politicians and state officials in Georgia determined to kill Troy?

This case is not merely a matter of guilt or innocence. Race and class have
everything to do with why Troy was arrested in the first place, and why he has had
such a hard time getting a hearing in the courts ever since. Troy was a Black man
accused of killing a white police officer in a city of the Deep South, and he was
too poor to afford good legal representation at his first trial.

Now that he does have lawyers who have been able to unravel the case against him,
Troy is required under the law to prove his innocence in a court system that wants
to accept the evidence as it was presented against him nearly 20 years ago. Without
incontrovertible proof of innocence--like DNA testing that excludes him--it is very
difficult to prove innocence in the eyes of the law.

It all comes down to this terrible truth, as Troy himself put it in an interview in
the New Abolitionist: "Georgia feels it's better to kill me than admit I'm
innocent."

If Georgia goes forward and executes Troy Davis, it will be very definition of a
modern-day lynching.

When Blacks were lynched in this country, it was often based on a lie--that they
were guilty of some crime and deserved their fate. And there was no recourse for
them in the court system or wider power structure. The perpetrators of lynchings
were almost never punished--only 1 percent of such cases ever went trial, and far
fewer were ever convicted.

Troy Davis has been convicted and sentenced to death based on a series of lies--and
he, too, has found no recourse. Because "Georgia feels it's better to kill me than
admit I'm innocent."

WE MUST STAND UP AGAINST THIS MODERN-DAY LYNCHING AND SAY NO TO THE EXECUTION OF
TROY DAVIS AND NO TO THE RACIST DEATH PENALTY.

For more information on Troy's case and to keep posted on what you can do today and
tomorrow, visit the CEDP website at http://nodeathpenalty.org. Send your messages
urging reversal to the Georgia Board of Pardons and Parole--Call 404-656-5651,
e-mail webmaster@pap.state.ga.us <mailto:webmaster@pap.state.ga.us> and fax
404-651-8502.

Troy Davis’ sister Kim: My brother got me out of my wheelchair; please help me save his life

September 18, 2011 SF BayView

Call the Georgia Board of Pardons and Parole at (404) 656-5651 – the Board is counting calls, so let’s make it a million! – and look below for More ways you can help stop the execution of Troy Davis, now set for Wednesday, Sept. 21

by Kimberly Davis

In this family photo taken in 2004, Troy is in front with his mother, Virginia Davis; in the center is Troy’s nephew, De’Jaun Correia, who is especially close to his Uncle Troy; and in back are Troy’s sisters, Ebony and Kimberly Davis and Martina Correia, who has been battling breast cancer while campaigning for her brother throughout his ordeal and is now in the hospital, too weak to physically participate in the protests.
I have a lifetime’s worth of reasons for wanting to save my brother Troy.

When I was diagnosed with multiple sclerosis at age 14, Troy left high school, signed up for night classes and started working so that he could take me to physical therapy and help my mother out financially.

It was my brother’s help and reassurance through my long struggle that led me to get out of my wheelchair. He is my hero.

But as you know, the state of Georgia has set an execution date for Troy on Sept. 21, based on supposed evidence against him that does not exist.

But we believe that with God’s help, we will prevail.

Will you help us to continue to fight to save his life? I need you to reach out to the Georgia Board of Pardons and Parole one last time. Watch this video message I recorded for the NAACP, and follow the instructions to send your letter:

Last Thursday, Troy called to tell me he had just heard about the 660,000 petitions delivered to the Board of Pardons and Parole in his name. He was deeply moved. He told me he knew that had supporters around the world, but that he had no idea that the support was that widespread.

My family is so very appreciative of the support from NAACPers like you, but the fight is not over. We cannot let up now.

Twenty years ago, Troy’s conviction was based entirely on circumstantial evidence and witness testimony. In the past two decades, seven of the nine witnesses in his case have recanted their testimony or changed their stories.

There was never a shred of physical evidence or DNA connecting Troy to the crime. No murder weapon has ever been found. In fact, one of the jurors recently stated that if she knew then what she knows now about the case, she would never have sentenced Troy to death.

I know that my love for my brother is not reason enough to take him off death row. It is not reason enough to stay his execution order.

Brother and sister, Troy and Kim Davis
But there is simply no evidence to suggest that Troy committed the crime. That’s why I am asking for help from NAACP members. You have come through for us before, and we need your help now more than ever.

This Monday, Sept. 19, the Georgia Board of Pardons and Paroles will meet to decide Troy’s fate. It is Troy’s last chance.

Please watch my video message to the NAACP, then tell the board to stay Troy’s execution order and grant him clemency, because there is simply too much doubt.

Hundreds of thousands of people have already spoken out in the name of justice for Troy. On behalf of my family, I’m asking you to please add your voice today, and help us save my brother’s life.

The NAACP, which issued this statement, and its national president, Ben Jealous, has been a leader in the campaign to stop the execution of Troy Davis, scheduled for this Wednesday, Sept. 21. Learn more at www.naacp.org.

The execution of Troy Davis: A mother’s story

by Martina Davis Correia as told to Jen Marlowe and Monifa Bandele

My son was six weeks old when I first brought him to meet his uncle, Troy Davis. You would have thought I gave Troy a gold bar. He was scared to hold my tiny baby. I literally had to just put De’Jaun in his arms and walk away. And he was like, “But he’s so little. Come get him, get him, get him.” I said, “No, you get him. You hold him.” It was such a magical moment, because it was like I was giving my brother this gift.

Mother and son, Martina and De’Jaun Correia
As a young child, De’Jaun didn’t understand that my brother, his uncle was incarcerated, much less slated for death. When the family was getting ready to leave after a visit, he’d say, “Come on, Troy, let’s go, let’s go!” But he couldn’t go with us, and my mom would say, “He’s in school. He can’t come. One day, he’ll come home with us.”

As De’Jaun grew older, I explained to him that his uncle was in prison. But I had not yet told him that Georgia planned to kill him. He confided in his uncle more than anyone else. When De’Jaun was 12 years old, it became clear to me that my son understood far more than I had realized.

Our dog, Egypt, had gotten out of the yard and had been hit by a car. We immediately brought Egypt to a vet who told us that the dog’s leg was broken in three places and would need extensive surgery to be repaired. If Egypt did not have the surgery, she would have to be put to sleep. The cost of the surgery was upwards of $10,000.

As I drove De’Jaun home, I wondered how in the world I would come up with $10,000. Putting Egypt down might be the only realistic possibility.

In the silence of the ride, De’Jaun turned to me and said, “Mom, are you going put my dog to sleep like they’re trying to put my Uncle Troy to sleep?”

I had to swallow this giant lump in my throat to hold back the tears. I didn’t know that he related the two things. That he knew they were trying to kill his Uncle Troy. And he knew about which method that they would use to kill him. At that point, I decided that if I had to pawn my car, I wasn’t going to be able to put our dog to sleep.

In addition to dealing with his uncle facing execution, carrying a full load of advanced placement classes in his high-school’s International Baccalaureate program, my son lives with the stress of me being critically ill. I have been battling stage-four breast cancer since De’Jaun was 6 years old. My original diagnosis was six months or less. That was over 10 years ago.

My brother, Troy Davis, is on death row for the 1989 tragic murder of Savannah police officer Mark MacPhail. On Aug. 19, MacPhail was gunned down while rushing to the rescue of a homeless man being pistol-whipped in the parking lot of a Greyhound bus station. The day after the murder, a man named Sylvester “Red” Coles told the police that Troy was the shooter. Troy, then 19 years old, was arrested and eventually convicted in 1991, primarily on the basis of eyewitness testimony.

There is no physical evidence linking Troy to the crime. The murder weapon was never recovered. Yet he was sentenced to death. He has been on death row for 20 years, despite the fact that the case against him has completely unraveled. In fact, seven of the nine non-police witnesses later recanted or changed their testimonies, many stating that police coercion and intimidation led to their initial implication of my brother. Several new witnesses have come forward and implicated Sylvester Coles as the shooter.

This is Troy’s fourth time facing execution. De’Jaun remembers the first execution date vividly. It was July 17, 2007. He was 13 years old. We went to go see Troy, and Troy wasn’t really worrying about himself. He was mostly worried about his family — about us. I was looking at my mother. She was praying, praying, praying. It was a lot of people constantly praying, constantly praying.

Troy gave each family member a duty. What did he task his young nephew? He told him, “Just continue to do good in school, do what’s right, pick the right friends, watch over the family, and just respect the family. Respect your mom, your grandmother, and your aunties. Do what you love and have a good profession.” The execution was stayed within 24 hours of being carried out. The next year, Troy came within 90 minutes of being executed.

De’Jaun Correia is counting on all of us to use the power of the people to free his Uncle Troy.
My son is wise beyond his years. He’ll say, “My uncle is not the only one going through this type of pain … a lot of people really want someone to hear their case but they don’t have the power and resources.” He knows that over 130 death row inmates have been exonerated, found innocent since 1973, demonstrating just how many innocent people are convicted and sentenced to death.

On March 28, 2011, the Supreme Court denied Troy’s final appeal, clearing the way for the state of Georgia to set a fourth execution date. Two weeks later, our mother passed away from “natural causes.” De’Jaun was the one who found her. She had just received a clean bill of health from her doctor the day before her death. I don’t think she could take another execution date. I believe she died of a broken heart.

Over the years support has grown. Amnesty International, NAACP, the ACLU, ColorOfChange.org, Bishop Desmond Tutu, President Jimmy Carter and many more have stood up for Troy.

There is #toomuchdoubt in my brother’s case: There’s no physical evidence; seven out of nine witnesses have recanted or changed their testimony; there’s evidence that suggests there may be another shooter. Click here for more details.

But still, last week, the state of Georgia decided to issue an execution date – Sept. 21.

We are turning up the truth, staying hopeful and vigilantly praying that Troy’s life won’t be ended on Sept. 21.

Last week, the state of Georgia decided to issue an execution date – Sept. 21. We are turning up the truth, staying hopeful and vigilantly praying that Troy’s life won’t be ended on Sept. 21.

Our supporters have launched a number of campaigns directing people to the many ways they can support Troy. Please join them for Troy, for me and for my son.

This story first appeared on MomsRising.org, where moms and people who love them go to change our world.

More ways you can help stop the execution of Troy Davis

Bombard the Georgia Board of Pardons and Parole and Gov. Deal with calls, faxes and emails TODAY

Tell them: “Stop the execution of Troy Davis! Grant him clemency!”

Sign all the petitions

The growing range of scholars, world leaders and prominent figures who are also demanding justice – including former President Jimmy Carter, Archbishop Desmond Tutu, John Legend, R.E.M., Russell Simmons, Mia Farrow, Indigo Girls, a former governor of Texas and a former member of Congress from Georgia – is simply awe-inspiring.

In not much more than a week, more than 660,000 people signed petitions to stop the execution of Troy Davis, and more are still signing them. Call the Board of Pardons and Parole at (404) 656-5651 to tell them to stop the execution and grant clemency to Troy Davis. - Photo: Michael Schiffman
The outpouring of support you’ve shown for Troy Davis so far has been phenomenal – more than 660,000 of you have signed the petition for clemency and nearly 500 events have popped up in small towns and big cities alike all over the United States. Supporters from the U.K., France, Denmark, Brazil, Hong Kong, Australia and other countries have also joined in to lend their voices.

Find more ways to help stop the execution of Troy Davis and learn more about his case

Write to Troy

Send our brother Troy some love and light. Troy Anthony Davis, 41, has been on death row in Georgia for more than 19 years: Troy A. Davis, 657378, GDCP G-3-79, P.O. Box 3877, Jackson GA 30233.

Watch these videos to learn vitally important information about Troy’s case

This is the fourth time the state of Georgia has set a date to murder Troy Davis. The power of the people saved him the first three times. We can do it again. And this time, we can convince the Board of Pardons and Parole to grant him clemency, FREE TROY DAVIS and return him to the loving arms of his family!

Related Posts

Troy Davis’ sister Kim: My brother got me out of my wheelchair; please help me save his life

September 18, 2011 SF BayView

Call the Georgia Board of Pardons and Parole at (404) 656-5651 – the Board is counting calls, so let’s make it a million! – and look below for More ways you can help stop the execution of Troy Davis, now set for Wednesday, Sept. 21

by Kimberly Davis

In this family photo taken in 2004, Troy is in front with his mother, Virginia Davis; in the center is Troy’s nephew, De’Jaun Correia, who is especially close to his Uncle Troy; and in back are Troy’s sisters, Ebony and Kimberly Davis and Martina Correia, who has been battling breast cancer while campaigning for her brother throughout his ordeal and is now in the hospital, too weak to physically participate in the protests.
I have a lifetime’s worth of reasons for wanting to save my brother Troy.

When I was diagnosed with multiple sclerosis at age 14, Troy left high school, signed up for night classes and started working so that he could take me to physical therapy and help my mother out financially.

It was my brother’s help and reassurance through my long struggle that led me to get out of my wheelchair. He is my hero.

But as you know, the state of Georgia has set an execution date for Troy on Sept. 21, based on supposed evidence against him that does not exist.

But we believe that with God’s help, we will prevail.

Will you help us to continue to fight to save his life? I need you to reach out to the Georgia Board of Pardons and Parole one last time. Watch this video message I recorded for the NAACP, and follow the instructions to send your letter:

Last Thursday, Troy called to tell me he had just heard about the 660,000 petitions delivered to the Board of Pardons and Parole in his name. He was deeply moved. He told me he knew that had supporters around the world, but that he had no idea that the support was that widespread.

My family is so very appreciative of the support from NAACPers like you, but the fight is not over. We cannot let up now.

Twenty years ago, Troy’s conviction was based entirely on circumstantial evidence and witness testimony. In the past two decades, seven of the nine witnesses in his case have recanted their testimony or changed their stories.

There was never a shred of physical evidence or DNA connecting Troy to the crime. No murder weapon has ever been found. In fact, one of the jurors recently stated that if she knew then what she knows now about the case, she would never have sentenced Troy to death.

I know that my love for my brother is not reason enough to take him off death row. It is not reason enough to stay his execution order.

Brother and sister, Troy and Kim Davis
But there is simply no evidence to suggest that Troy committed the crime. That’s why I am asking for help from NAACP members. You have come through for us before, and we need your help now more than ever.

This Monday, Sept. 19, the Georgia Board of Pardons and Paroles will meet to decide Troy’s fate. It is Troy’s last chance.

Please watch my video message to the NAACP, then tell the board to stay Troy’s execution order and grant him clemency, because there is simply too much doubt.

Hundreds of thousands of people have already spoken out in the name of justice for Troy. On behalf of my family, I’m asking you to please add your voice today, and help us save my brother’s life.

The NAACP, which issued this statement, and its national president, Ben Jealous, has been a leader in the campaign to stop the execution of Troy Davis, scheduled for this Wednesday, Sept. 21. Learn more at www.naacp.org.

The execution of Troy Davis: A mother’s story

by Martina Davis Correia as told to Jen Marlowe and Monifa Bandele

My son was six weeks old when I first brought him to meet his uncle, Troy Davis. You would have thought I gave Troy a gold bar. He was scared to hold my tiny baby. I literally had to just put De’Jaun in his arms and walk away. And he was like, “But he’s so little. Come get him, get him, get him.” I said, “No, you get him. You hold him.” It was such a magical moment, because it was like I was giving my brother this gift.

Mother and son, Martina and De’Jaun Correia
As a young child, De’Jaun didn’t understand that my brother, his uncle was incarcerated, much less slated for death. When the family was getting ready to leave after a visit, he’d say, “Come on, Troy, let’s go, let’s go!” But he couldn’t go with us, and my mom would say, “He’s in school. He can’t come. One day, he’ll come home with us.”

As De’Jaun grew older, I explained to him that his uncle was in prison. But I had not yet told him that Georgia planned to kill him. He confided in his uncle more than anyone else. When De’Jaun was 12 years old, it became clear to me that my son understood far more than I had realized.

Our dog, Egypt, had gotten out of the yard and had been hit by a car. We immediately brought Egypt to a vet who told us that the dog’s leg was broken in three places and would need extensive surgery to be repaired. If Egypt did not have the surgery, she would have to be put to sleep. The cost of the surgery was upwards of $10,000.

As I drove De’Jaun home, I wondered how in the world I would come up with $10,000. Putting Egypt down might be the only realistic possibility.

In the silence of the ride, De’Jaun turned to me and said, “Mom, are you going put my dog to sleep like they’re trying to put my Uncle Troy to sleep?”

I had to swallow this giant lump in my throat to hold back the tears. I didn’t know that he related the two things. That he knew they were trying to kill his Uncle Troy. And he knew about which method that they would use to kill him. At that point, I decided that if I had to pawn my car, I wasn’t going to be able to put our dog to sleep.

In addition to dealing with his uncle facing execution, carrying a full load of advanced placement classes in his high-school’s International Baccalaureate program, my son lives with the stress of me being critically ill. I have been battling stage-four breast cancer since De’Jaun was 6 years old. My original diagnosis was six months or less. That was over 10 years ago.

My brother, Troy Davis, is on death row for the 1989 tragic murder of Savannah police officer Mark MacPhail. On Aug. 19, MacPhail was gunned down while rushing to the rescue of a homeless man being pistol-whipped in the parking lot of a Greyhound bus station. The day after the murder, a man named Sylvester “Red” Coles told the police that Troy was the shooter. Troy, then 19 years old, was arrested and eventually convicted in 1991, primarily on the basis of eyewitness testimony.

There is no physical evidence linking Troy to the crime. The murder weapon was never recovered. Yet he was sentenced to death. He has been on death row for 20 years, despite the fact that the case against him has completely unraveled. In fact, seven of the nine non-police witnesses later recanted or changed their testimonies, many stating that police coercion and intimidation led to their initial implication of my brother. Several new witnesses have come forward and implicated Sylvester Coles as the shooter.

This is Troy’s fourth time facing execution. De’Jaun remembers the first execution date vividly. It was July 17, 2007. He was 13 years old. We went to go see Troy, and Troy wasn’t really worrying about himself. He was mostly worried about his family — about us. I was looking at my mother. She was praying, praying, praying. It was a lot of people constantly praying, constantly praying.

Troy gave each family member a duty. What did he task his young nephew? He told him, “Just continue to do good in school, do what’s right, pick the right friends, watch over the family, and just respect the family. Respect your mom, your grandmother, and your aunties. Do what you love and have a good profession.” The execution was stayed within 24 hours of being carried out. The next year, Troy came within 90 minutes of being executed.

De’Jaun Correia is counting on all of us to use the power of the people to free his Uncle Troy.
My son is wise beyond his years. He’ll say, “My uncle is not the only one going through this type of pain … a lot of people really want someone to hear their case but they don’t have the power and resources.” He knows that over 130 death row inmates have been exonerated, found innocent since 1973, demonstrating just how many innocent people are convicted and sentenced to death.

On March 28, 2011, the Supreme Court denied Troy’s final appeal, clearing the way for the state of Georgia to set a fourth execution date. Two weeks later, our mother passed away from “natural causes.” De’Jaun was the one who found her. She had just received a clean bill of health from her doctor the day before her death. I don’t think she could take another execution date. I believe she died of a broken heart.

Over the years support has grown. Amnesty International, NAACP, the ACLU, ColorOfChange.org, Bishop Desmond Tutu, President Jimmy Carter and many more have stood up for Troy.

There is #toomuchdoubt in my brother’s case: There’s no physical evidence; seven out of nine witnesses have recanted or changed their testimony; there’s evidence that suggests there may be another shooter. Click here for more details.

But still, last week, the state of Georgia decided to issue an execution date – Sept. 21.

We are turning up the truth, staying hopeful and vigilantly praying that Troy’s life won’t be ended on Sept. 21.

Last week, the state of Georgia decided to issue an execution date – Sept. 21. We are turning up the truth, staying hopeful and vigilantly praying that Troy’s life won’t be ended on Sept. 21.

Our supporters have launched a number of campaigns directing people to the many ways they can support Troy. Please join them for Troy, for me and for my son.

This story first appeared on MomsRising.org, where moms and people who love them go to change our world.

More ways you can help stop the execution of Troy Davis

Bombard the Georgia Board of Pardons and Parole and Gov. Deal with calls, faxes and emails TODAY

Tell them: “Stop the execution of Troy Davis! Grant him clemency!”

Sign all the petitions

The growing range of scholars, world leaders and prominent figures who are also demanding justice – including former President Jimmy Carter, Archbishop Desmond Tutu, John Legend, R.E.M., Russell Simmons, Mia Farrow, Indigo Girls, a former governor of Texas and a former member of Congress from Georgia – is simply awe-inspiring.

In not much more than a week, more than 660,000 people signed petitions to stop the execution of Troy Davis, and more are still signing them. Call the Board of Pardons and Parole at (404) 656-5651 to tell them to stop the execution and grant clemency to Troy Davis. - Photo: Michael Schiffman
The outpouring of support you’ve shown for Troy Davis so far has been phenomenal – more than 660,000 of you have signed the petition for clemency and nearly 500 events have popped up in small towns and big cities alike all over the United States. Supporters from the U.K., France, Denmark, Brazil, Hong Kong, Australia and other countries have also joined in to lend their voices.

Find more ways to help stop the execution of Troy Davis and learn more about his case

Write to Troy

Send our brother Troy some love and light. Troy Anthony Davis, 41, has been on death row in Georgia for more than 19 years: Troy A. Davis, 657378, GDCP G-3-79, P.O. Box 3877, Jackson GA 30233.

Watch these videos to learn vitally important information about Troy’s case

This is the fourth time the state of Georgia has set a date to murder Troy Davis. The power of the people saved him the first three times. We can do it again. And this time, we can convince the Board of Pardons and Parole to grant him clemency, FREE TROY DAVIS and return him to the loving arms of his family!

Related Posts

Sunday, September 11, 2011

Save Troy Davis' life

URGENT ACTION NEEDED!

The state of Georgia has set Troy Davis's execution date for midnight
on September 21st, just two weeks from today.

<http://youtu.be/1DGqRFM443Y>Short video featuring Troy's sister
Martina Davis-Correia



Troy Davis is on death row for the 1989 murder of a police officer in
Savannah, GA. Troy has always maintained his innocence, and there was
never any physical evidence linking him to the crime.

Seven out of the nine non-police witnesses have since recanted or
changed their testimony, some citing police intimidation. A judge
labeled his own ruling as "not ironclad" and the original prosecutor
has voiced reservations about Davis's guilt. New witnesses have come
forth identifying another suspect.

Despite this, the state of Georgia has signed his 4th death warrant.

See below for actions you can take from the Troy Davis campaign,
National Coalition Against the Death Penalty, Amnesty International,
and NAACP.


Click here for info on Days of Solidarity
with Troy Davis Sept 16 - 19 called by Amnesty Intl

From Amnesty Intl: The Georgia State Board of Pardons and Paroles
will hold a clemency hearing for Troy Davis on Monday, September 19,
two days before he is scheduled to be executed at 7 pm on September 21.
They have denied him this request in previous hearings. During the days
leading up to this hearing we should declare our Solidarity with Troy. Come to
Atlanta for the big September 16 march and rally at Ebeneezer Baptist
Church, or organize events in your own community for that day. Make the
weekend of the 17th-18th a time for reflection or prayer: for the Davis family,
for the MacPhail family, and for justice to prevail.

An Innocent Man Facing Execution in Georgia 4th
Death warrant
signed for Troy Anthony Davis
Tuesday, September 6, 2011

TROY MOSAIC: LEND YOUR FACE FOR JUSTICE

MY NAME IS TROY ANTHONY DAVIS, 41 YEARS OLD.
I HAVE BEEN ON DEATH ROW IN GEORGIA FOR 19 -+YEARS.
TROY A. DAVIS 657378
GDCP PO BOX 3877 G-3-79
JACKSON, GEORGIA 30233

Please write to Troy Davis sending letters of encouragement and support.

----------
4th Execution Date, Call to Action

NCADP.Org Call to Action

Amnesty International Call to Action

NAACP Help Save Troy Davis Call to Action

Troy Davis is scheduled to be executed on September 21st.

The U.S. Supreme Court refused to hear his final appeal earlier this
year. But the story remains the same - Troy Davis could very well be innocent.

However, in the state of Georgia, the Board of Pardons & Paroles
holds the keys to Troy's fate. In the days before Davis' execution,
this Board will hold a final clemency hearing - a final chance to
prevent Troy Davis from being executed.

Davis was convicted on the basis of witness testimony - seven of the
nine original witnesses have since recanted or changed their testimony.

One witness said in a CNN news interview "If I knew then, what I know
now, Troy Davis would not be on death row."

I know it's difficult to believe that a system of justice could be so
terribly flawed, but keep in mind that Troy has survived three
previous execution dates, because people like you kept the justice
system in check!

We've been bracing for this moment and the time for action is now!
Here's what you can do to join the fight:
*
Sign our petition to the Board of Pardons & Paroles urging them to grant
clemency! We'll deliver your signatures next week.
*
Organize locally for Troy: Take to the streets with us. Soon we'll be
announcing the date for the official Troy Davis Day of Action. Sign
up now to rally in the coming days to stop the execution of Troy Davis.
* Tell everyone you know! Spread the word about this injustice on
Twitter by using the hashtag #TooMuchDoubt. Be sure to tell your
Facebook friends Troy's story too!

Thank you for fighting for Troy,

Laura Moye
Director, Death Penalty Abolition Campaign
Amnesty International USA
;Follow my Troy Davis updates on
Twitter: @lauramoye

Thursday, September 08, 2011

Breaking News: Troy Davis to be Executed on September 21st

We've just received terrible news: The state of Georgia has set Troy Davis's
execution date for midnight on September 21st, just two weeks from today.

This is our justice system at its very worst, and we are alive to witness it. There
is just too much doubt.

Even though seven out of nine witnesses have recanted their statements, a judge
labeled his own ruling as "not ironclad" and the original prosecutor has voiced
reservations about Davis's guilt, the state of Georgia is set to execute Troy
anyway.

Time is running out, and this is truly Troy's last chance for life.

But through the frustration and the tears, there is one thing to remain focused on:
We are now Troy Davis's only hope. And I know we won't let him down.

There are three steps you can take to help Troy:

1. Send a message of support to Troy as he fights for justice on what may be the
final days of his life:

http://action.naacp.org/LettersOfSupport

2. Sign the name wall, if you haven't already. And if you have, send it to your
friends and family. Each name means a more united front for justice:

http://action.naacp.org/Name-Wall

3. Make sure everyone knows about this injustice. Spread the word on Facebook and
Twitter (using the hashtag #TooMuchDoubt) so that Troy Davis's story can be heard.
We still have a chance to save his life, but only if people are willing to speak out
against injustice.
Today, the state of Georgia has declared their intention to execute a man even
though the majority of the people who put him on the row now say he is innocent and
many implicate one of the other witnesses as the actual killer. Now that a date has
been set, we cannot relent. We must redouble our efforts.
Thank you. Please act quickly and forward this message to all who believe the
justice system defeats itself when it allows a man to be executed amid so much
doubt.
Ben
Benjamin Todd Jealous
President and CEO
NAACP

Wednesday, August 24, 2011

Deal Frees ‘West Memphis Three’ in Arkansas

Steve Hebert for The New York Times

Damien Echols, center, hugs Jason Baldwin, left, and Jessie Misskelley Jr., after being released from jail in Jonesboro, Ark.

JONESBORO, Ark. — The end, if it can be called that, came all of a sudden.

After nearly two decades in prison for the murder of three young boys, Damien Echols, Jason Baldwin and Jessie Misskelley Jr., commonly known as the West Memphis Three, stood up in a courtroom here on Friday, proclaimed their innocence even as they pleaded guilty, and, minutes later, walked out as free men.

The freeing of Mr. Echols, 36, was the highest-profile release of a death row inmate in recent memory. Mr. Baldwin, 34, and Mr. Misskelley, 36, had been serving life sentences.

In keeping with the tenor of this case since its first horrific hours, the circumstances of the release were bizarre, divisive and bewildering even to some of those who were directly involved.

Under the terms of a deal with prosecutors, Mr. Echols, Mr. Baldwin and Mr. Misskelley leave as men who maintain their innocence yet who pleaded guilty to murder, as men whom the state still considers to be child killers but whom the state deemed safe enough to set free.

Despite a half-hour of esoteric legal procedure, the courtroom was charged with raw feeling, and several of the relatives of the victims were ejected for their outbursts. One told the judge he was opening a Pandora’s box in allowing this deal; another shouted that the defendants were murderers and baby-killers.

The hearing was something of a reunion, with reporters, former defense lawyers, family members and observers who have followed the case for two decades coming together possibly for the last time. Families joyously anticipating homecomings sat next to long-grieving fathers contemplating a dreaded turn of events they had not thought possible days earlier.

At a news conference afterward, surrounded by lawyers and treated as celebrities by their army of supporters, including the singer Eddie Vedder and members of the Dixie Chicks, the men seemed, above all, exhausted.

“I’m just tired,” Mr. Echols said. “This has been going on for 18 years.”

It was May 1993 when the nude bodies of three 8-year-old boys, Christopher Byers, Stevie Branch and Michael Moore, were found in a drainage canal in Robin Hood Hills, a wooded area in the poor Arkansas town of West Memphis. The bodies appeared to have been mutilated, and their hands were tied to their feet.

The grotesque nature of the murders, coming in the midst of a nationwide concern about satanic cult activity, especially among teenagers, led investigators from the West Memphis Police Department to focus on Mr. Echols, a troubled yet gifted 18-year-old who wore all black, listened to heavy metal music and considered himself a Wiccan. Efforts to learn more about him through a woman cooperating with the police led to Mr. Misskelley, a 17-year-old acquaintance of Mr. Echols’s.

After a nearly 12-hour police interrogation, Mr. Misskelley confessed to the murders and implicated Mr. Echols and Mr. Baldwin, who was 16 at the time, though his confession diverged in significant details, like the time of the murders, with the facts known by the police. Mr. Misskelley later recanted, but on the strength of that confession he was convicted in February 1994.

Mr. Echols and Mr. Baldwin soon after were convicted of three counts of capital murder in a separate trial in Jonesboro, where the proceedings had been moved because of extensive publicity in West Memphis. The convictions were largely based on the testimony of witnesses who said they heard the teenagers talk of the murders, and on the prosecution’s argument that the defendants had been motivated as members of a satanic cult. Mr. Misskelley’s confession was not admitted at their trial, though recently a former lawyer for that jury’s foreman filed an affidavit saying that the foreman, determined to convict, had brought the confession up in deliberations to sway undecided jurors.

While many were convinced of the guilt of Mr. Echols, the alleged ringleader, others were immediately skeptical, believing he was singled out for being an outsider in a small town.

An award-winning documentary, “Paradise Lost: The Child Murders at Robin Hood Hills,” was released after their convictions, bringing them national attention.



Benefit concerts were held, books were written, a follow-up documentary was made and a movement to free the “West Memphis Three” grew in size and intensity, drawing those intrigued by the case and those who saw a kinship with the men at the heart of it.

“I was kind of going through the same clothing style: long hair, dark clothes,” said Mecinda Smith, 30, one of the hundreds of supporters who had come to the courthouse, holding posters and wearing “Free the WM3” T-shirts.

“We were just trying to stand out and be different,” said Ms. Smith, who was 12 when the murders took place.

Many residents of West Memphis often resented, and still resent, the presumption that outsiders knew the details of the horrific case better than they did.

“It just goes to show you that he’s been manipulating,” said Steve Branch, the father of one of the victims, referring to Mr. Echols. Mr. Branch was among those ejected for an outburst at the hearing. “As far as I’m concerned, he was going to pay for killing my son.”

But even some of the victims’ families began to doubt the men’s guilt, including Stevie Branch’s mother, Pamela Hobbs, and John Mark Byers, the father of Chris Byers. Both attended the hearing. “Three young men have had 18 years of their lives taken away,” said Mr. Byers, who appeared in the original documentary profanely condemning the men. “To see them get out and have a normal life is a blessing from God.”

Over the years, appeals failed, as did post-conviction hearings, but the case got new life in 2007 when defense lawyers representing Mr. Echols reported that new forensic tests of evidence at the crime scene turned up no genetic material belonging to any of the men — and even turned up some belonging to Stevie Branch’s stepfather, Terry Hobbs. Mr. Hobbs was at the hearing, too.

Last November, the Arkansas Supreme Court ruled that there was enough evidence to call a hearing to determine whether to have a new trial. The hearing was scheduled for this December.

But it was less than three weeks ago that lawyers representing Mr. Echols began working on a deal to offer to prosecutors that would free the men.

Under the seemingly contradictory deal, Judge David Laser vacated the previous convictions, including the capital murder convictions for Mr. Echols and Mr. Baldwin. After doing so, he ordered a new trial, something the prosecutors agreed to if the men would enter so-called Alford guilty pleas. These pleas allow people to maintain their innocence and admit frankly that they are pleading guilty because they consider it in their best interest.

The three men did just that, standing in court and quietly proclaiming their innocence but at the same time pleading guilty to charges of first- and second-degree murder. The judge then sentenced them to 18 years and 78 days, the amount of time they had served, and also levied a suspended sentence of 10 years.

The prosecuting attorney, Scott Ellington, said in an interview that the state still considered the men guilty and that, new DNA findings notwithstanding, he knew of no current suspects.

“We don’t think that there is anybody else,” Mr. Ellington said, declaring the case closed.

Asked how he could free murderers if he believed they were guilty, he acknowledged that the three would likely be acquitted if a new trial were held, given the prominent lawyers now representing them, the fact that evidence has decayed or disappeared over time and the death or change of heart of several witnesses. He also expressed concern that if the men were exonerated at trial, they could sue the state, possibly for millions.

“I believe that with all the circumstances that were facing the state in this case, this resolution is one that is palatable and I think that after a period of time it will be acceptable to the public as the right thing,” Mr. Ellington said.

Not all of the three welcomed the deal. During the 1994 trial, prosecutors offered to reduce Mr. Baldwin’s sentence if he pleaded guilty and testified against Mr. Echols. He refused then and initially resisted this deal, insisting as a matter of principle that he would not plead guilty to something he did not do.

But, he said, his refusing this deal would have meant Mr. Echols stayed on death row.

“This was not justice,” he said of the deal. “However, they’re trying to kill Damien.”

The lawyers for the men said they would continue to pursue full exoneration. Other than that, none of the men said they had any immediate plans.

Sunday, April 03, 2011

Exonerated from death row by DNA: Sun. 6/12 NYC

"After Innocence," DVD, Color, 2005, 95 minutes, directed by Jessica Sanders.
Sunday, June 12, 2011, 2 p.m.
Mid-Manhattan Library (Map and directions) [40th & 5th]
Fully accessible to wheelchairs

Story of the exonerated and innocent men wrongfully imprisoned for
decades and then releasesd after DNA evidence proved their innocence.
http://www.nypl.org/locations/tid/45/node/110810?lref=45%2Fcalendar
= =
After Innocence is a 2005 United States documentary film about men
who were exonerated from death row by DNA evidence. Directed by
Jessica Sanders, the film took the Special Jury Prize at the 2005
Sundance Film Festival.

The featured exonerees are Dennis Maher; Calvin Willis; Scott
Hornoff; Wilton Dedge; Vincent Moto; Nick Yarris; and Herman Atkins.
Also featured are Barry Scheck and Peter Neufeld of the Innocence
Project and Lola Vollen of the Life After Exoneration Program.

http://www.afterinnocence.net/
http://www.youtube.com/watch?v=16IvWDDe8fQ
http://www.rottentomatoes.com/m/after_innocence

Wednesday, January 05, 2011

Texan declared innocent after 30 years in prison

By JEFF CARLTON, Associated Press Jan 4, 2011

DALLAS – A Texas man declared innocent Tuesday after 30 years in prison
had at least two chances to make parole and be set free — if only he would
admit he was a sex offender. But Cornelius Dupree Jr. refused to do so,
doggedly maintaining his innocence in a 1979 rape and robbery, in the
process serving more time for a crime he didn't commit than any other
Texas inmate exonerated by DNA evidence.

"Whatever your truth is, you have to stick with it," Dupree, 51, said
Tuesday, minutes after a Dallas judge overturned his conviction.

Nationally, only two others exonerated by DNA evidence spent more time in
prison, according to the Innocence Project, a New York legal center that
specializes in wrongful conviction cases and represented Dupree. James
Bain was wrongly imprisoned for 35 years in Florida, and Lawrence McKinney
spent more than 31 years in a Tennessee prison.

Dupree was sentenced to 75 years in prison in 1980 for the rape and
robbery of a 26-year-old Dallas woman a year earlier. He was released in
July on mandatory supervision, and lived under house arrest until October.
About a week after his release, DNA test results came back proving his
innocence in the sexual assault.

A day after his release, Dupree married his fiancee, Selma. The couple met
two decades ago while he was in prison.

Click image to see photos of Cornelius Dupree Jr.


AP/Mike Fuentes

His exoneration hearing was delayed until Tuesday while authorities
retested the DNA and made sure it was a match to the victim. Dallas County
District Attorney Craig Watkins supported Dupree's innocence claim.

Looking fit and trim in a dark suit, Dupree stood through most of the
short hearing, until state district Judge Don Adams told him, "You're free
to go." One of Dupree's lawyers, Innocence Project Co-Director Barry
Scheck, called it "a glorious day."

"It's a joy to be free again," Dupree said.

This latest wait was nothing for Dupree, who was up for parole as recently
as 2004. He was set to be released and thought he was going home, until he
learned he first would have to attend a sex offender treatment program.

Those in the program had to go through what is known as the "four R's."
They are recognition, remorse, restitution and resolution, said Jim
Shoemaker, who served two years with Dupree in the Boyd Unit south of
Dallas.

"He couldn't get past the first part," said Shoemaker, who drove up from
Houston to attend Dupree's hearing.

Shoemaker said he spent years talking to Dupree in the prison recreation
yard, and always believed his innocence.

"I got a lot of flak from the guys on the block," Shoemaker said. "But I
always believed him. He has a quiet, peaceful demeanor."

Under Texas compensation laws for the wrongly imprisoned, Dupree is
eligible for $80,000 for each year he was behind bars, plus a lifetime
annuity. He could receive $2.4 million in a lump sum that is not subject
to federal income tax.

The compensation law, the nation's most generous, was passed in 2009 by
the Texas Legislature after dozens of wrongly convicted men were released
from prison. Texas has freed 41 wrongly convicted inmates through DNA
since 2001 — more than any other state.

Dallas County's record of DNA exonerations — Dupree is No. 21 — is
unmatched nationally because the county crime lab maintains biological
evidence even decades after a conviction, leaving samples available to
test. In addition, Watkins, the DA, has cooperated with innocence groups
in reviewing hundreds of requests by inmates for DNA testing.

Watkins, the first black district attorney in Texas history, has also
pointed to what he calls "a convict-at-all-costs mentality" that he says
permeated his office before he arrived in 2007.

At least a dozen other exonerated former inmates from the Dallas area who
collectively served more than 100 years in prison upheld a local tradition
by attending the hearing and welcoming the newest member of their
unfortunate fraternity. One of them, James Giles, presented Dupree with a
$100 bill as a way to get his life restarted.

At one point, Scheck pointed out that eyewitness misidentification — the
most common cause of wrongful convictions — was the key factor that sent
Dupree to prison. The attorney then asked how many of the others were
wrongly imprisoned because an eyewitness mistakenly identified them. A
dozen hands went in the air.

Not in attendance Tuesday was Dupree's accused accomplice, Anthony
Massingill, who was convicted in the same case and sentenced to life in
prison on another sexual assault. The same DNA testing that cleared Dupree
also cleared Massingill. He says he is innocent, but remains behind bars
while authorities test DNA in the second case.

Dupree was 19 when he was arrested in December 1979 while walking to a
party with Massingill. Authorities said they matched the description of a
different rape and robbery that had occurred the previous day.

Police presented their pictures in a photo array to the victim. She picked
out Massingill and Dupree. Her male companion, who also was robbed, did
not pick out either man when showed the same photo lineup.

Dupree was convicted of aggravated robbery with a deadly weapon. According
to court documents, the woman and her male companion stopped at a Dallas
liquor store in November 1979 to buy cigarettes and use a payphone. As
they returned to their car, two men, at least one of whom was armed,
forced their way into the vehicle and ordered them to drive. They also
demanded money from the two victims.

The men eventually ordered the car to the side of the road and forced the
male driver out of the car. The woman attempted to flee but was pulled
back inside.

The perpetrators drove the woman to a nearby park, where they raped her at
gunpoint. They debated killing her but eventually let her live, keeping
her rabbit-fur coat and her driver's license and warning her they would
kill her if she reported the assault to police. The victim ran to the
nearest highway and collapsed unconscious by the side of the road, where
she was discovered.

Dupree was convicted and spent the next three decades appealing. The Court
of Criminal Appeals turned him down three times.