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Troy Davis

I am not going to get into the detailed case of Troy Davis, you can read more here. Troy Davis is scheduled to get executed in Georgia soon, despite the fact that all signs point to his probable innocence. Today he was DENIED his last chance at clemency.

Davis was convicted of murdering Georgia police officer Mark MacPhail in 1989. Since his conviction, seven of the nine people who testified against him have recanted or changed their testimonies.

“I am utterly shocked and disappointed at the failure of our justice system at all levels to correct a miscarriage of justice,” Brian Kammer, an attorney for Davis, said following the decision.

Davis, 42, has repeatedly claimed his innocence and his supporters say the evidence supports that. No murder weapon was ever found, no DNA evidence or fingerprints tie Davis to the crime, and other witnesses have since said the murder was committed by another man — a witness who testified against Davis.

Supporters say close to one million people worldwide have signed petitions calling for clemency, with petitions last week delivered to state authorities containing about 650,000 signatures.

The Supreme Court became involved in 2009 and ordered a federal judge in Savannah to convene a hearing to consider new evidence.

In August 2010, however, a U.S. District Court in Georgia ruled that Davis had failed to prove his innocence and denied him a new trial. The top U.S. court turned down a subsequent appeal.

This will not only make the tea party happy, it will also please Justice Antonin Scalia:

Joined by Justice Clarence Thomas in dissent, however, Justice Antonin Scalia criticized his colleagues for thinking that mere innocence is grounds to overturn a conviction:

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. Quite to the contrary, we have repeatedly left that question unresolved, while expressing considerable doubt that any claim based on alleged “actual innocence” is constitutionally cognizable.

The only way this could be better for the republicans is if Rick Perry could execute him personally and the tea party could watch it on pay per view! Jesus would be proud!

Note: The Inimitable Dave Zirin has more here!

Original Author: 
Jeff Simpson

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