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^Jortlanb (Observer
S eptem ber 28, 2011
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Lost Hopes for the Miracle of Justice
Death penalty
case was not
strong enough
by J udge
M athis
The world waited
with bated breath as
the Supreme Court of
the United States de
cided the fate of Troy
Davis, a 42-year old
black man sitting on
Georgia’s death row.
With so much doubt surrounding
Davis’ guilt, his supporters hoped
he’d be granted a new trial and the
opportunity to prove his innocence.
Unfortunately, the Court decided
not to intervene and the miracle of
justice we all hoped for never came
- Davis was executed.
Davis was convicted of the 1989
murder of Mark MacPhail, an off-
duty Savannah, Georgia police of
ficer. According to reports, nine
eyewitnesses identified Davis as
the shooter. Up until he took his last
breath, Davis maintained his inno
cence. Over the last 22 years, his
legal team fought tirelessly to win a
new trial, presenting affida
vits from seven of those nine
witnesses who recanted or
dramatically changed their
original testimony.
I don’t want to contradict
the various judges who heard
the case, but it’s unthinkable
that, after the majority of the
original witnesses recanted, Davis
was not granted a new trial so that
he could prove his innocence.
I’m not the only authority who
feels this way. Bob Barr, a former
federal prosecutor and former Re
publican Congressman from Geor
gia publicly stated he believed there
was too much doubt surrounding
Davis’ guilt. Barr, a supporter of the
death penalty, felt that Davis’ guilt
^ ’ îlo r tla n h (Obstruer
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had not been proven beyond a rea ban on the death penalty. One
sonable doubt. Former FBI chief innocent man put to death is one
William Sessions also weighed in too many. If we c an ’t be certain of
on the Davis case saying, Davis the legitim acy o f the convictions,
deserved clemency because the the practice must be halted. We
case built against him was not strong need to follow the lead o f states
enough.
like Illinois where, in July 2011,
The pleas from these law enforce the death penalty was abolished
ment and government experts - as and the state’s death row cleared,
well as the pleas from millions around after widely reported - and proven
the world - fell on deaf ears. The - claim s that police tortured nearly
prosecutors and parole board re a dozen o f the inmates waiting to
fused to admit they were wrong. be executed and forced them to
And now Troy Davis is dead.
confess to the crimes.
America must revamp its legal
We may never learn the truth
system - beginning with the way we about Davis’ innocence or guilt, but
investigate and arrest suspects and we do have an opportunity to cor
continuing to the way we prosecute rect the legal system so that we no
them and the way we handle ap ■ longer have to worry about whether
peals. We must not allow prosecu or not our legal system has con
tors to convict an individual based demned an innocent man to death.
solely on eyewitness testimony.
Judge Mathis is a longtime ad
When new evidence is introduced vocate fo r equal justice. His life
or witnesses recant, a new trial story o f a street youth who rosefrom
should automatically be granted.
jail to judge has provided hope to
Lastly, we need a nationw ide millions.
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