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The grievous errors in the Davis case were numerous, and many arose out of eyewitness identification. The Savannah police contaminated the memories of four witnesses by re-enacting the crime with them present so that their individual perceptions were turned into a group one. The police showed some of the witnesses Mr. Davis’s photograph even before the lineup. His lineup picture was set apart by a different background. The lineup was also administered by a police officer involved in the investigation, increasing the potential for influencing the witnesses.
In the decades since the Davis trial, science-based research has shown how unreliable and easily manipulated witness identification can be. Studies of the hundreds of felony cases overturned because of DNA evidence have found that misidentifications accounted for between 75 percent and 85 percent of the wrongful convictions. The Davis case offers egregious examples of this kind of error.
Under proper practices, no one should know who the suspect is, including the officer administering a lineup. Each witness should view the lineup separately, and the witnesses should not confer about the crime. A new study has found that even presenting photos sequentially (one by one) to witnesses reduced misidentifications — from 18 percent to 12 percent of the time — compared with lineups where photos were presented all at once, as in this case.
Seven of nine witnesses against Mr. Davis recanted after trial. Six said the police threatened them if they did not identify Mr. Davis. The man who first told the police that Mr. Davis was the shooter later confessed to the crime. There are other reasons to doubt Mr. Davis’s guilt: There was no physical evidence linking him to the crime introduced at trial, and new ballistics evidence broke the link between him and a previous shooting that provided the motive for his conviction.
Originally posted by Heartisblack
Poor man, rest in peace Troy, just rest in peace.
Troy Davis: 10 reasons why he should not be executed
In 2007 the Georgia Board of Pardons and Paroles, the body which has the final say in the state on whether executions should go ahead, made a solemn promise. Troy Davis, the prisoner who is scheduled to die by lethal injection at 7pm local time on Wednesday, would never be put to death unless there was "no doubt" about his guilt.
Here are 10 reasons why the board – which decided on Tuesday to allow the execution to go ahead – has failed to deliver on its promise and why a man who is very possibly innocent will be killed in the name of American justice.
[color=gold]1. Of the nine witnesses who appeared at Davis's 1991 trial who said they had seen Davis beating up a homeless man in a dispute over a bottle of beer and then shooting to death a police officer, Mark MacPhail, who was acting as a good samaritan, seven have since recanted their evidence.
[color=gold]2. One of those who recanted, Antoine Williams, subsequently revealed they had no idea who shot the officer and that they were illiterate – meaning they could not read the police statements that they had signed at the time of the murder in 1989. Others said they had falsely testified that they had overheard Davis confess to the murder.
[color=gold]3. Many of those who retracted their evidence said that they had been cajoled by police into testifying against Davis. Some said they had been threatened with being put on trial themselves if they did not co-operate.
[color=gold]4. Of the two of the nine key witnesses who have not changed their story publicly, one has kept silent for the past 20 years and refuses to talk, and the other is Sylvester Coles. Coles was the man who first came forward to police and implicated Davis as the killer. But over the past 20 years evidence has grown that Coles himself may be the gunman and that he was fingering Davis to save his own skin.
[color=gold]5. In total, nine people have come forward with evidence that implicates Coles. Most recently, on Monday the George Board of Pardons and Paroles heard from Quiana Glover who told the panel that in June 2009 she had heard Coles, who had been drinking heavily, confess to the murder of MacPhail.
[color=gold]6. Apart from the witness evidence, most of which has since been cast into doubt, there was no forensic evidence gathered that links Davis to the killing.
[color=gold]7. In particular, there is no DNA evidence of any sort. The human rights group the Constitution Project points out that three-quarters of those prisoners who have been exonerated and declared innocent in the US were convicted at least in part on the basis of faulty eyewitness testimony.
[color=gold]8. No gun was ever found connected to the murder. Coles later admitted that he owned the same type of .38-calibre gun that had delivered the fatal bullets, but that he had given it away to another man earlier on the night of the shooting.
[color=gold]9. Higher courts in the US have repeatedly refused to grant Davis a retrial on the grounds that he had failed to "prove his innocence". His supporters counter that where the ultimate penalty is at stake, it should be for the courts to be beyond any reasonable doubt of his guilt.
[color=gold]10. Even if you set aside the issue of Davis's innocence or guilt, the manner of his execution tonight is cruel and unnatural. If the execution goes ahead as expected, it would be the fourth scheduled execution date for this prisoner. In 2008 he was given a stay just 90 minutes before he was set to die. Experts in death row say such multiple experiences with imminent death is tantamount to torture.
RIP Troy Davis, you will be remembered my friend.
Originally posted by getreadyalready
reply to post by blupblup
There was plenty of evidence. There were 9 eyewitnesses! Years later, maybe 7 of them aren't so sure, but they were sure at the original trial, and apparently 2 are still sure today! 2 eyewitnesses is plenty. It is clear that he shot the first guy in the face, and the shell casings that shot the cop matched the other shell casings. Apparently there was plenty of evidence to convict him in the first place, and stand up at all the mandatory appeals hearings, and convince the parole/clemency board that despite huge international pressure, they are sticking with their sentence.
4. Of the two of the nine key witnesses who have not changed their story publicly, one has kept silent for the past 20 years and refuses to talk, and the other is Sylvester Coles. Coles was the man who first came forward to police and implicated Davis as the killer. But over the past 20 years evidence has grown that Coles himself may be the gunman and that he was fingering Davis to save his own skin.
Originally posted by getreadyalready
reply to post by blupblup
There was plenty of evidence. There were 9 eyewitnesses! Years later, maybe 7 of them aren't so sure, but they were sure at the original trial, and apparently 2 are still sure today! 2 eyewitnesses is plenty. It is clear that he shot the first guy in the face, and the shell casings that shot the cop matched the other shell casings. Apparently there was plenty of evidence to convict him in the first place, and stand up at all the mandatory appeals hearings, and convince the parole/clemency board that despite huge international pressure, they are sticking with their sentence.
ETA:
Tell me this. Out of all you folks wanting this guys case overturned, how many of you want him moving in next door and interacting with your kids everyday? If his innocence is so clear, why not move him into your spare room and give the guy a break? You all know he is guilty, and dangerous, and you just don't have the stomach to give him what he deserves, luckily for you there are people that do.]
Originally posted by getreadyalready
Without even a single percentage of the actual details of the case, you have decided that countless people from police to judges to jurors to parole boards have misjudged this man based on mountains of facts at their disposal?
DON'T FLIP THE SWITCH! Ten Possibly Innocent Men Who Were Executed (with PHOTOS at link)
1. Carlos De Luna, Executed In 1989:
In February 1983, Wanda Lopez was stabbed to death while at the gas station she worked.
Police found De Luna hiding under a pick-up truck because he was drinking in public, which violated his parole.
De Luna told police that he was innocent and offered the name of the person he saw at the gas station.
De Luna did not have blood on him, even though the crime scene was covered in blood.
At trial De Luna named Carlos Hernandez who had a long history of knife attacks similar to the convenience store killing and repeatedly told friends and relatives that he had committed the murder. On December 7, 1989, Texas executed 27-year-old Carlos De Luna.
2. David Spence, Executed In 1997:
In 1982, David Spence was accused of the rape and murder of two 17-year-old girls and one 18-year-old boy in Waco, Texas.
The prosecution built its case against Spence around bite marks that a state expert said matched Spence’s teeth and jailhouse snitches. Spence’s post-conviction lawyers had a blind panel study in which five experts said the bite marks could not be matched to Spence’s. Homicide investigators who worked on the case said he had serious doubts about Spence’s guilt. Spence was given lethal injection on April 14, 1997.
3. Ellis Wayne Felker, Executed in 1996:
Ellis Wayne Felker was a suspect in the 1981 disappearance, rape and murder of Evelyn Joy Ludlum. He was put under police surveillance for two weeks. Independent autopsies found that the Ludlum's body had been dead no more than three days.
In 1996, Felker’s attorneys discovered boxes of evidence that had been unlawfully withheld by the prosecution, including DNA evidence and a written confession by another suspect. Felker was executed by electrocution November 15, 1996 at the age of 48.
4. Jesse Tafero, Executed In 1990:
On February 20, 1976, Highway Patrol officer Phillip Black and Donald Irwin were shot to death after they approached a trio of people sleeping in a parked car at a rest stop. Tafero, his partner Sonia “Sunny” Jacobs, and Walter Rhodes were found asleep inside.
According to Rhodes, Tafero shot both Black and Irwin with the gun, however all three were arrested after being caught in a roadblock. The gun was found in Tafero’s waistband.
At the trial, Rhodes testified that Tafero and Jacobs were solely responsible for the murders. Tafero and Jacobs were convicted of capital murder and sentenced to death, while Rhodes was sentenced to 3 life sentences. Rhodes and Jacobs were eventually released for good behavior, but not Tafero.
Rhodes was the only person on which traces of gunpowder were found. Tafero was executed by electric chair on May 4, 1990.
5. Leo Jones, Executed In 1998:
Jones was convicted of murdering a police officer in Jacksonville, Florida. Jones signed a confession under pressure from heavy interrogation from police officers. Jones claimed the confession was coerced.
Many witnesses came forward pointing to another suspect in the case.
6. Larry Griffin, Executed In 1995:
Griffin was convicted of killing St. Louis, Missouri resident 19-year-old Quintin Moss in a drive-by shooting.
Griffin was sentenced to death because of the testimony from Robert Fitzgerald, a white career criminal, who was at the scene at the time of the murder. Griffin’s fingerprints were not found on the car, or the weapon and all evidence against him was circumstantial.
On June 21, 1995, Griffin maintained his innocence all the way up to his execution. In 2005, a professor University of Michigan Law School reopened the case. His investigation concluded that Griffin was innocent.
7. Gary Graham, Executed In 2000:
Gary Graham was 17 when he was charged with the 1981 robbery and shooting of Bobby Lambert outside a Houston supermarket. Graham was convicted on the testimony of one witness, Bernadine Skillern, who said she saw the killer's face for a few seconds through her car windshield, from a distance of 30-40 feet away.
Two other witnesses, both who worked at the grocery store and said they got a good look at the assailant, said Graham was not the killer.
On June 23, 2000, Gary Graham was executed in Texas.
8. Ruben Cantu, Executed In 1993:
At 17, Cantu was charged with capital murder for the shooting death of a San Antonio man during an attempted robbery. Juan Moreno, an eyewitness to the shooting, said that it was not Cantu who shot him and that he only identified Cantu as the shooter because he felt pressured and was afraid of the authorities.
David Garza, Cantu's co-defendant said during the 1985 trial, signed a sworn affidavit saying that he allowed Cantu to be accused and executed even though he wasn't with him on the night of the killing.
Garza stated, "Part of me died when he died. You've got a 17-year-old who went to his grave for something he did not do. Texas murdered an innocent person."
9. Joseph O'Dell, Executed In 1997:
In 1991 O'Dell was convicted of rape and murder. In reviewing his case in 1991, three Supreme Court Justices had doubts about O'Dell's guilt and without the blood evidence, there was little linking O'Dell to the crime. In September of 1996, the 4th Circuit of the U.S. Court of Appeals reinstated his death sentence and O'Dell was executed on July 23rd.
10. Cameron Todd Willingham, Executed In 2004
Cameron Todd Willingham was convicted of killing his three young daughters by burning down his home in Texas.
Willingham was convicted of capital murder after arson investigators concluded that 20 indicators of arson led them to believe that an accelerant had been used to set three separate fires inside his home.
Four national arson experts have concluded that the original investigation of Willingham's case was flawed, and it is possible the fire was accidental.