Calling Oathkeepers in GA: Do Not Execute Troy DavisSubmitted by James_Madison_Lives on Tue, 09/20/2011 - 22:53
The US Constitution guarantees Due Process:
5th Amendment, Bill of Rights, US Constitution:
"No person shall...be deprived of life, liberty, or property, without due process of law;"
Oathkeepers take seriously their oath to uphold the Constitution. The scheduled execution of Troy Davis on Wed. Sept. 21 has justifiably caused an international outcry. Seven out of nine witnesses recanted and said the police pressured them to lie. There is no physical evidence linking him to the crime.
Barr has said that although he is "a strong believer in the death penalty as an appropriate and just punishment," the proper level of fairness and accuracy required for the ultimate punishment has not been met in Davis' case. Carter says "Executing Troy Davis without a real examination of potentially exonerating evidence risks taking the life of an innocent man..."
Death penalty supporters former Texas Governor Mark White and former FBI Director William Sessions have studied the case and have gone on record supporting clemency due to grave doubts. At least three jurors from Davis’ trial have asked for his execution to be called off.
Breaking message from the NAACP:
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.
Seven witnesses recanted. The US Supreme Court didn't care.
Troy Davis was sentenced to death in 1991 for the murder of police officer Mark Allen MacPhail in Savannah, Georgia in 1989. No physical evidence directly links Davis to the murder – no murder weapon was ever found. The case against Davis primarily rested on witness testimony. Since his trial, seven of nine key witnesses have recanted or changed their testimony, some alleging police coercion.
In 2009, the US Supreme Court ordered a federal evidentiary hearing to review Troy Davis’ innocence claim.
At the hearing in June 2010, US District Court Judge William Moore addressed not whether the state could demonstrate a watertight case against Troy Davis, but whether Davis could show “by clear and convincing evidence that no reasonable juror would have convicted him in the light of the new evidence” that had emerged since his 1991 murder trial. Under this “extraordinarily high” standard, Judge Moore wrote, “Mr Davis is not innocent”. Elsewhere in his ruling, however, he acknowledged that the new evidence presented by Troy Davis cast “some additional, minimal” doubt on his conviction, and that the state’s case was not “ironclad”.
In a dissent from a decision to force Davis to prove his innocence before a single federal judge, rather than be granted a new trial, Antonin Scalia said:
This Court has never held that the Constitution forbids the execution of a convicted defendant who has had a full and fair trial but is later able to convince a habeas court that he is “actually” innocent.
The Southern Center for Human Rights is calling for a general strike or sick-out of all execution personnel — doctors, nurses, and guards should stay home tomorrow. If any law enforcement personnel present be an Oathkeeper, he must refuse to participate in Davis' execution. The Parole Board has denied a stay for Davis. Oathkeepers are his only chance now.