Remember that when the last death chamber in this country is dismantled one day.
It will be soon...
"Our strategy should be not only to confront empire, but to lay siege to it. To deprive it of oxygen. To shame it. To mock it. With our art, our music, our literature, our stubbornness, our joy, our brilliance, our sheer relentlessness, and our ability to tell our own stories..." - Arundhati Roy
When the state kills those whose guilt is in serious doubt, or when the state kills those to whom it has not given fair justice, it doesn't just perform an injustice upon the individual, the rule of law, and the Constitution. It also undermines the very legitimacy of the death penalty itself, for its continuing use as a sentencing option derives its civic and moral strength mostly from the fiction that it can be, and is, credibly and reliably imposed. Once our confidence in that credibility is shattered, as it should be now that Davis is gone, all that's left of the death penalty is state-sponsored retribution and the hangman's noose.
In a perfect world, the haunting execution of Troy Davis would spawn vital reforms to the clemency and parole process in states like Georgia and Texas, where such proceedings routinely make a mockery of the idea of reasoned justice. It would light a fire under local prosecutors to ensure that witnesses in capital cases are not coerced by law enforcement officials. It would cause jurors to think twice about rushing to judgments. It would force a supine Congress to reevaluate its so-called "effective death penalty" statute, which neuters legitimate post-conviction appeals. And it would at long last shame state court judges to cast off the yoke of their campaign contributors, who push them to be "tough on crime" at the expense of fealty to the Bill of Rights.
Georgia says that it has given Davis more due process than any single man would have a right to expect. Up the state appellate ladder and down again. Up to the Supreme Court and back. Hearing upon hearing. Brief upon brief. At some point, Georgia says, there has to be finality in capital cases. At some point, the justice system has to accept the work of judges and juries and impose the sentence that was initially given. There is truth to all of this. And there is both rhyme and reason to many of the rules which govern appellate law and practice in capital cases. But those rules almost always place the state's interest in finality ahead of the condemned's interest in accuracy. "Enough is enough" is a great campaign slogan -- but it's hardly a worthy motto for a civilized nation's death penalty scheme.
Here's what Davis was up against, to cite just one example. Last summer, at the request of the United States Supreme Court, U.S. District Judge William Moore held an evidentiary hearing to examine the new claims, and new evidence, presented by Davis and his attorneys. Under federal law, Judge Moore reminded the litigants and the world, Davis had the nearly insurmountable post-conviction burden of establishing by "clear and convincing evidence'' that no reasonable juror would have convicted him based upon the new evidence. Applying that standard, which flips on its head the standard applied at trial, Judge Moore unsurprisingly held that Davis had failed to meet his burden.
In a perfect world, Davis would have had his new evidence evaluated under a legal standard more tuned to ensuring the reliability and accuracy of his conviction rather than upon the timing of his execution. His case wouldn't have been shoved like so many of the rest down a sterile and formalistic legal hole forced upon the federal courts by the Clinton-era Congress. And, even if it somehow were, even if the justice system failed, Davis would have had a parole board willing to acknowledge what seems so self-evident; that an uncertain death sentence harms more than just the executed.
Last week, in an op-ed which appeared in the Atlanta Journal-Constitution, William Sessions, the former federal judge and FBI director, and a man not known for willy-nilly considerations, once again called upon Georgia to halt Davis' execution. His view of the 2010 hearing is the most accurate view I've read yet and is quite chilling. Judge Sessions wrote:
What the hearing demonstrated most conclusively was that the evidence in this case -- consisting almost entirely of conflicting stories, testimonies and statements -- is inadequate to the task of convincingly establishing either Davis' guilt or his innocence. Without DNA or other forms of physical or scientific evidence that can be objectively measured and tested, it is possible that doubts about guilt in this case will never be resolved.
Alas, the world, and the world of capital punishment in America, are far from perfect. When Georgia executed Troy Davis, despite the grave doubts cast upon his capital conviction, it wasn't just thumbing its nose at the new evidence which tends to exonerate him. It wasn't just ignoring the considered judgments of experts in criminal justice and capital cases. It wasn't just winking and nodding at the protections of the "cruel and unusual" clause of the Eighth Amendment. It was instead declaring war on all of that. It was proudly proclaiming its infidelity to a fundamental premise of American law -- that the courts, and the state, will always try their best to get things right no matter how long it takes.
Now that's he gone from the face of the earth, and whether he was guilty or not, Troy Davis will leave one of two legacies. Either his story will fade with time, as have the stories of so many other men executed under a cloud of questions about their guilt, or his story will propel meaningful change in this area of the law. His many supporters, in and out of public life, hold in their hands the ability to determine that legacy. What they could not accomplish during his lifetime they may still try to accomplish in his death; a renewed appreciation for the notion that no man, neither the high nor the low, neither the rich nor the poor, neither white nor black, deserves the lamentable injustice done this day.
This article available online at:
http://www.theatlantic.com/national/archive/2011/09/the-death-of-troy-davis/245446/
Execution of death row inmate delayed temporarily as US supreme court intervenes to consider whether to issue a stay
UPDATE (9/21/2011 6:26pm): Freedom Archives
522 Valencia Street
San Francisco, CA 94110
415 863-9977
www.Freedomarchives.org

Freedom Archives
522 Valencia Street
San Francisco, CA 94110
415 863-9977
www.Freedomarchives.org

ABDUL AZIZ
(Warren Ballentine)
Golden Groove Correctional Facility
P.O. Box 1100
Kingshill, St Croix, V.I U.S 00850
ABDUL MAJID
#83-A-0483
Drawer B
Stormville, NY 12582-0010
Green Haven Correctional Facility
ALVARO LUNA HERNANDEZ
#255735
Hughes Unit
Rt. 2, Box 4400
Gatesville, TX 76597
ANTONIO GUERRERO
#58741-004
P.O. Box 7500
Florence, CO 81226
U.S.P. Florence
BILL DUNNE
#10916-086
P.O. Box 2068
Inez, KY 41224
USP Big Sandy
BYRON SHANE CHUBBUCK
#07909-051
P.O. Box 1000
Lewisburg, PA 178371
USP Lewisburg
CARLOS ALBERTO TORRES
#88976-024
P.O. Box 5000
Pekin, IL 61555
FCI Pekin
DAVID GILBERT
#83-A-6158
P.O. Box 2001
Dannemora, NY 12929
Clinton Corr. Facility
ED POINDEXTER
#27767
P. O. Box 2500
Lincoln, NE 68542
FRED "MUHAMMAD" BURTON
AF 3896
SCI Somerset
1590 Walters Mill Rd
Somerset, PA 15510
GERARDO HERNANDEZ
#58739-004
P.O. Box 5500
Adelanto, CA 92301
U.S. Penitentiary-Victorville
HANIF S. BEY (B. GEREAU)
#295933
P.O. Box 860
Oakwood, Virginia 24631
Keen Mountain Correctional Center
HERMAN BELL
79-C-0262
P.O. Box 116
Fallsburg, New York 14871-2000
Sullivan Correctional Facility
JAAN K. LAAMAN
10372-016
P.O. Box 24550
Tucson, AZ 85734
USP Tucson
JAMIL ABDULLAH AL-AMIN
#99974-555
USP Florence ADMAX
P.O. Box 8500
Florence, CO 81226
JALIL MUNTAQIM
{Anthony Bottom} 2311826
77-A-4283
P.O. Box 618
Auburn, NY 13021
JOSEPH "JOE-JOE" BOWEN
#AM-4272
1 Kelley Drive
Coal Township, PA 17866-1021
JOSH HARPER
29429-086
P.O. Box 5000
Sheridan, OR 97378
FCI Sheridan
LUIS MEDINA
#58734-004
P.O. Box 3000
Pine Knot, KY 42635
USP McCreary
MALIK SMITH
#295945
P.O. Box 759
Big Stone Gap, VA 24219
Wallensridge Supermax
MALIKI LATINE
#81-A-4469
P.O. Box 2000
Dannemora, New York 12929
R.I.P. MARILYN BUCK
MARSHALL EDDIE CONWAY
#116469
P.O. Box 534
Jessup, MD 20794
Jessup Correctional Institution
MATTHEW DEPALMA
14126-041
P.O. Box 420
Fairton, NJ 08320
MONDO WE LANGA (D. RICE)
#27768
P.O. Box 2500
Lincoln, NE 68542-2500
DR. MUTULU SHAKUR
#83205-012
P.O. Box 8500
Florence, CO 81226
USP Florence ADX
OJORE NURU LUTALO
#59860
P.O. Box 861
SBI# 0000901548
Trenton, NJ 08625
OSCAR LOPEZ RIVERA
#87651-024
P.O. Box 33
Terre Haute, IN 47808
U.S.P. Terre Haute
RENE GONZALEZ
#58738-004
P.O. Box 7007
Marianna, FL 32447-7007
FCI Marianna
ROBERT SETH HAYES
#74-A-2280
P.O. Box 1187
Alden, NY 14004-1187
Wende Correctional Facility
ROMAINE CHIP FITZGERALD
#B27527
FC-2-110
P.O. Box 921
Imperial, CA 92251
RONALD REED
#219531
5329 Osgood Avenue North
Stillwater, Minnesota 55082-1117
RUBEN CAMPA
#58733-004
FCI Terre Haute
P.O. Box 33
Terre Haute, IN 47808
RUSSELL MAROON SHOATS
#AF-3855
175 Proggress Dr.
Waynesburg, PA 15370
SEKOU KAMBUI (W. TURK)
#113058
P.O. Box 56 SCC (B1-21)
Elmore, AL 36025-0056
SEKOU ODINGA
09A3775
P.O. Box 700
Wallkill, New York 12589
SUNDIATA ACOLI (C. SQUIRE)
#39794-066
P.O. Box 1000
Otisville, NY 10963
USP Otisville
THOMAS MANNING
#10373-016
P. O. Box 2000
Bruceton Mills, WV 26525
USP Hazelton
TSUTOMU SHIROSAKI
20924-016
FCI Terre Haute
P.O. Box 33
Terre Haute, IN 47808
VERONZA BOWERS JR.
#35316-136
P.O. Box 150160
Atlanta, GA 30315
WILLIAM 'LEFTY' GILDAY
P.O. Box 1218
Shirley, MA 01464-1218
MCI Shirley
ZOLO AGONA AZANIA
#4969
P.O. Box 41
Michigan City, IN 46361
Indiana State Prison