Letter from Erik Peterson on Troy Davis case
- Friday Aug 27,2010 07:29 AM
- By Fourth of July
- In Civil Rights
I got the following message from Erik Peterson, a member of “Save Troy Davis” Facebook group. I could not find a way to share the message with others. So I am posting it here to share.
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Hello All,
The relative silence here, during Davis’ hearing, is now over. Thanks to everyone who never stopped working. For those of us who did, now’s the time to start again.
Please help flood the various media wires with the news and your thoughtful, concise objections. Keep up your work.
This is a piece I’ll be sending wherever I can, links are at the bottom.
——————————- The Background
In October of 2008, as Sentaor Obama readied to take the ballot, the campaign to save Troy Davis from Georgia’s death chamber was spiking – again. Whatever species of fear and nostalgia pump through a person on the eve of their execution, Troy discovered them for the first time in 2007, coming within 24 hours of his scheduled killing by the state of Georgia. It would begin Troy’s familiarity with pending death that desperately few in America ever experience. In September, 14 months later, two hours stood between him and Georgia’s most lethal cocktail. One month after that, his third appointment with the State Executioner was suspended – this time with three days remaining – and that stay expired in May of 2009.
Facing four execution dates in 2 years, Troy Davis received a rarely granted evidentiary hearing by the U.S. Supreme Court last summer – not a new trial, but a hearing where Davis would be presumed guilty, and the burden of proof on the defense. Amnesty International, Democracy Now, and the various agencies around the world watching Troy’s case, received and reported news last Tuesday that Georgia Federal District Judge William Moore Jr did not see evidence of “clearly established innocence” and set Davis back on the trajectory of execution for the fifth time.
Davis’ placement on death row came by the alleged killing of Mark McPhail, a white off-duty Georgian police officer, in 1989. The trial’s legacy is dominated by its comprehensive lack of physical evidence tying Davis to the killing, and the recantation of testimony by 7 of 9 of its non-police witnesses since the trial.
————————–The Discussion
In October 2008, the Amnesty Int’l chapters at Saint John’s University and the College of Saint Benedict joined 200,000 other people around the world – including figures like Desmond Tutu, Pope Benedict, and Jimmy Carter – in calling for Davis’ clemency.
I spoke to multiple newspapers around the twin cities about Davis’ trail. None were interested. One editor asked me to point out the hook. Where is the bait for interest? What does a Georgian man have to do with Minnesotan readers?
Its a strange thing to be asked for rationale with regard to why I don’t want innocent people executed by our government – purportedly, the most successful democracy in the history of the world. To articulate why Minnesotans should care if citizens in Georgia are executed despite profound doubt over their guilt seems like retrograde motion to the tables of Sunday school, and 9th grade Civics lessons on the functionality of a federalist republic. But I went there anyway.
The system itching to execute Troy Davis in Georgia is the same system which presides over me in Denver, over my brother in Seattle, over that editor in St Paul. Legally, to say nothing of morally, he is our neighbor. We cannot afford to let the question be, s<em>hould we care about executing the Other </em>when the reality is <em>we’re executing our Own</em>. Troy’s case testifies to the primitive character of capital punishment in America: either we take the system to be infallible, or we’re all willing to stomach the execution of innocent Americans. There is no third reality to choose. At this moment, Troy Davis represents the body We condemned to death in the river, and upon reexaminging his innocence, we’re fighting to pull him out of a judicial current that may prove stronger than our efforts.
America has lost herself if she’s absent in the hour of her son’s unjust execution. This conversation is not one on the legitimacy of capital punishment, though certainly a footnote in that story. This is the narrative of deadly inertia, an inability within ourselves to go back and rectify our mistake once its been made. In his evidentiary hearing, four witnesses from Davis’ original trial testified that they’d lied, that under coercion or fear of repercussion, they’d given up Troy for a crime they didn’t see him commit. The only non-police witness that maintains his testimony – excluding the testimony of Sylvester Coles, the chief alternate suspect – maintains inconsisent testimony. Originally he told police that he could only say for sure the color of the shooter’s clothing and that he wouldn’t recognize the shooter if he saw him again, “accept for his clothes.” Two years after that statement to the police, he pointed out Troy Davis in the courtroom.
America struggles with her identity endlessly, but without doubt, the American conception of justice – as trumpeted by our Declaration of Independence and our Bill of Rights – grounds that identity. The rule of law that we exalt wells from an interest in the liberation of people from the failures of government. One such failure goes like this: the enormity of government cannot slow itself to attend to the plight of one citizen. And so we hope and strive for systematic change in the interests of all people. Death row affords no convenience like this slow hope, and without the intervention of the people, its wrongly-sentenced inmates are killed under the banner of justice while the bureaucracy of law – not our concept of justice – presides.
Troy Davis needs a commute of his sentence by the Geogian Governor, the Georgian Board of Paroles and Pardons or the President of the United States. But first he needs (enough of) the American public to recognize his struggle as theirs too.
Amnesty USA’s Coverage of the Hearing
http://blog.amnestyusa.org/deathpenalty/speak-out-for-troy-davis/
Amnesty International’s 2009 Report on Troy Davis
http://www.amnesty.org/en/library/asset/AMR51/069/2009/en/71011b30-0b83-4a23-932b-2fc205546d1c/amr510692009en.pdf