JACKSON, GA - Once again, America has proven beyond reasonable doubt that it is NOT a just nation, especially if you are poor, uneducated and/or a person of color. In America, "justice" is traditionally reserved for those who are white and can pay for it (with that skin privilege decreasing for those unlucky enough to be poor or working class). On occasion, the justice system works for the rest of us, but not often and certainly not in equal measure. As a black woman born and raised in America, time and life experience has only served to reinforce this reality rather than dispel it.
The case of Troy Davis has made headlines in recent weeks as the date of his execution grew near. In 1991, Mr. Davis, a black man, was found guilty of the killing of Mark MacPhail, a white off-duty police officer. In 1989, Mr. MacPhail was shot to death when he attempted to rescue a homeless man being attacked in a Burger King parking lot. Here's what makes Mr. Davis' case unique:
- Mr. Davis always maintained his innocence.
- No physical evidence or weapon linking Mr. Davis to Officer MacPhail's death was ever found.
- Seven of the nine witnesses who originally testified against Mr. Davis recanted their initial testimony, some asserting they were pressured or coerced by police to finger Mr. Davis as the shooter.
- Another man allegedly committed the crime with nine people implicating him as the actual gunman in signed affidavits. Coincidentally, this potential suspect is one of the two witnesses against Mr. Davis who didn't recant his testimony.
All of the above factors taken together, especially the lack of physical evidence and recanted witness testimony, is far too much doubt to proceed with the execution of a human life. And THAT is what most people are taking issue with, myself included. I do not know if Mr. Davis is or is not guilty. However, what I DO know is that the so-called "reasonable doubt" standard has been met in this case. No one, in good conscience, can say - knowing of these recent and disturbing developments - that Mr. Davis is guilty of murder beyond a reasonable doubt.
Since his conviction in 1991, Mr. Davis' execution has been stayed four times for appeals. Last year, the Supreme Court, in rare form, afforded Mr. Davis an opportunity to prove his innocence in a lower court, but then rejected his plea. And this past Tuesday, the Georgia Board of Pardons and Parols rejected Mr. Davis' plea for clemency. Thus, Mr. Davis' scheduled execution set for 7 p.m. (EST) on Wednesday, September 21st would continue as planned. Then, at 7:05 p.m., a ray of hope shined through: The U.S. Supreme Court granted Mr. Davis a temporary stay of execution as it considered whether his execution should be permanently aborted.
Sadly, the Supreme Court came down on the side of injustice and denied Mr. Davis a stay of execution. Mr. Davis was subsequently executed by lethal injection and declared dead at 11:08 p.m. (EST). Mr. Davis' last words were the following:
"For those about to take my life, may God have mercy on your souls. May God bless your souls."
Yes, may God have mercy on ALL of our souls. We should be ashamed. Stories like this one remind me of why I am against the death penalty. Not only do I think it's an "easy out" for the worst among us, it is also an action that we can never reverse once a man's innocence is later discovered and/or confirmed. We can always release an innocent man from prison, but we can never give an innocent, dead man his life back.












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