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About The skanner. (Portland, Or.) 1975-2014 | View Entire Issue (Sept. 21, 2011)
opinion Will Troy Davis Be Another unjust Example? “Challenging People to Shape a Better Future now” B ernie F OSTer Founder/Publisher B OBBie d Ore F OSTer executive editor T ed B ankS advertising Manager J errY F OSTer account executive L iSa L OvinG news editor H eLen S iLviS Multimedia d avid k idd graphic Designer m OniCa J. F OSTer Seattle office Coordinator J uLie k eeFe S uSan F ried Photographers The Skanner Newspaper, established in October 1975, is a weekly publica- tion, published each Wednesday by IMM Publications Inc., 415 N. Killingsworth St., P.O. Box 5455, Portland, OR 97228. Telephone (503) 285-5555. E-mail: info@theskanner.com World Wide Web site: http://www.theskanner.com Fax: (503) 285-2900 the Skanner is a member of the National Newspaper Pub lishers Association and West Coast Black Pub - lishers Association. All photos submitted become the property of the Skanner. We are not re - spon sible for lost or damaged photos either solicited or unsolicited. © 2011 the Skanner. ALL RIGHTS RE SERVED. REPRODUCTION IN WHOLE OR IN PART WITHOUT PERMISSION PROHIBITED. B arring a last minute stay of execution by the Georgia Board of Pardons and Paroles in a last-ditch hearing scheduled for September 19, accused Savannah, Ga. cop-killer Troy Anthony Davis will be exe- cuted. If the execution goes forth, two compelling questions can never be answered. One is: Did Georgia execute an innocent man? The second is: If it did, will Davis join the list of eight other inmates compiled by the Death Penalty Information Center that states have executed in the last two decades who like Davis might have been innocent? Dead men literally tell no tales, and the guilt or possible innocence of Davis and the other eight go to the grave with them. The possible innocence of Davis and the other eight condemned and executed prisoners is hardly a stretch. More T He L aST w Ord Earl Ofari Hutchinson Davis to the murder, and a score of witnesses that originally implicat- ed Davis as the shooter recanted their testimony. The witnesses, as in many cases where defendants are convicted on the basis of eye- witness testimony, later claimed that they lied because they were scared stiff by police coercion, harassment and threats. Others cut deals with police and prosecutors to walk free or to get lighter sen- tences for their own crimes. And then others have long and dubious reputations as jailhouse snitches that prosecutor’s parade to the wit- Will Davis join the list of eight other inmates compiled by the Death Penalty Information Center that states have executed in the last two decades who like Davis might have been innocent? than a dozen death row inmates have been released in the past two decades as a result of DNA evi- dence. A legion of other death row inmates have been released because of prosecutor misconduct that resulted in retrials and acquit- tals, or pardons after mountainous evidence was presented that cast major doubt on their guilt. The Davis case is a near textbook example of a death penalty case that reaches nowhere near the oft- stated but much-abused constitu- tional high bar of conviction, namely beyond a reasonable doubt. The facts in his case are well- known. There was no murder weapon, physical evidence linking ness stand to finger a defendant, again in exchange for leniency. The Innocence Project has noted that overzealous and untruthful prosecutors have suppressed, fab- ricated, and destroyed evidence, employed lying jailhouse snitches, and untruthful witnesses. Many of the cases have been riddled with racial bias. The condemned killer was black or Latino and their alleged victim was White. Troy Anthony Davis is black. When defense attorneys appeal these tainted convictions, the courts almost always dismiss their appeals on the grounds that the prosecutor committed “harmless errors” that didn’t affect the out- come of the case. The Texas exe- cution of Ruben Cantu in 1993 for a murder he allegedly committed as a teen was a classic case of how a possibly innocent man can be executed. Davis has fought hard to prove that he was indeed the victim of a colossal frame-up. The best that he’s been able to do is to push back the date with the executioner. ever officially said that an inno- cent prisoner has been executed. The Chatham County prosecutors and the Georgia state Attorney General that prosecuted and have fought to execute Davis flatly say that Davis is a cop killer who deserves to die. But despite prose- cutors vehement defense of them- selves in these questionable cases A legion of other death row inmates have been released because of prosecutor misconduct that resulted in retrials and acquittals, or pardons after mountainous evidence was presented that cast major doubt on their guilt He’s had several stays and even a retrial. But it’s just bought time, precious time. Davis, if it can be called that, is lucky. His fight and the possibility of his innocence have made him a cause célèbre. All prison reform groups, the NAACP and notables from Jimmy Carter to Pope Benedict have spo- ken out against killing Davis. Many other prisoners that do not have the notoriety, draw press attention and acclaim, and espe- cially the money, and where there are serious questions even doubts about their guilt, languish on America’s death rows. That’s not likely to change. In 1996, when Congress passed, and President Clinton signed legisla- tion that toughened the death penalty to combat terrorist acts, it reduced appeals and made it hard- er to get new trials. The year before that Congress slashed mil- lions in funds for post-conviction public interest, legal interest groups to help inmates such as Davis file appeals. In every doubtful case, prosecu- tors hotly deny that any of the men executed are innocent. Despite the questionable executions, no prose- cutor, or government official, has some officials and judges have strongly hinted and warned that it is possible for an innocent person to be executed. In 1997, the chair of the House Judiciary Committee praised the system of legal checks and balances in place to insure that the rights of condemned killers are fully protected, but admitted that there was no ironclad guarantee that an innocent person could not be put to death. That’s little consolation for Davis if indeed the Georgia Board of Pardons and Paroles turn thumbs down on his appeal for clemency. If Davis keeps his date this time with the executioner the question will always linger whether he was yet another horrif- ic example of America possibly executing an innocent man. Earl Ofari Hutchinson is an author and political analyst. He is a weekly co-host of the Al Sharpton Show on American Urban Radio Network. He is an associate editor of New America Media. He is host of the weekly Hutchinson Report Newsmaker Hour on KTYM Radio Los Angeles streamed on ktym.com podcast on blogtalkradio.com and internet TV broadcast on the- hutchinsonreportnews.com knowing what’s important Can Change Your Life! Subscribe to The Skanner – don’t miss an issue! Please sign me up for: q 1 year $74 q 2 year $140 q New Subscription q Renewal ________________________ name _________________ address _________________ City _________________ State ______ ZiP ________ Phone Mail with check or money order to: The Skanner P.O. Box 5455 Portland, OR 97228 Week on the Web VIDEO: East Portland Champion Jefferson Smith Runs for Mayor of Portland Interview with the man who would be the first mayor from East County…in Northwest News The Troy Davis Execution: Latest News, Video, Action Center Updates on the fight against Troy Davis’ execution in Georgia…in Latest News Page 4 The Portland Skanner September 21, 2011 Retail Initiative Works to Get Healthy Foods in Corner Stores Multnomah County offers grants to small shops to stock fresh foods…in Northwest News www. Film Review: The Weird World of Blowfly What many people don’t know is that soul songwriter Clarence Reid also donned a flamboyant costume to perform raunchy rap tunes as his irreverent alter ego, Blowfly…in Entertainment Marcus Garvey Pardon Rejected by White House Legal experts and others who have studied the Garvey case have long concluded that he was framed by the Federal Bureau of Investigation and wrongfully convicted…in US News The Skanner.com has the latest news from Portland and beyond, on your mobile or your desktop, it’s your go-to place for the news you won’t see in mainstream publications. It’s your community. It’s The Skanner.
