Guilty Until Proven Innocent: But Even If You're Innocent it Doesn't Matter

"You do the crime- you do the time." That seems like a fair philosophy, however, what about when you didn't do the crime should you have to do the time then too? You would think that wouldn't you, but not in Troy Anthony Davis' case. I guess it is too much like right, as the saying goes.

I was driving home from work in downtown Atlanta the other day when I was about a block away from the Capitol Building. Now traffic in Atlanta is notorious for being awful in Atlanta ( I think the 3rd worst in the country), but usually not going the street way, which is why during rush hour I avoid the highway. Today however, Courtland Street was backed up all the way to Gilmer near the Georgia State University. After nearly 10 hours grinding I work I wanted to go home and see my wife and I was frustrated. But my frustration turned to curiosity the closer I got to the Capitol Building. There were crowds of people with signs and all wearing matching concerned faces.

I read one of the signs, it said to "Free Troy Davis." Well I've lived in Georgia for about 8 years now and it seems like this state is famous for locking people up for stupid reasons so I dismissed it until I heard it on the radio again the next day. The sister of this man was on the radio with a sense of panic as if she was running out of time. It was because she was. Her brother had been sentenced to die within a week for a crime that he didn't commit.

Like most people you are probably thinking that everybody in jail has the story that they "didn't do it." But take off your insensitivity hat for a second. Pay attention to these details. Let's assume that we don't care whether Troy actually committed the crime or not. The old adage goes, "innocent until proven guilty." That is supposed to be the beauty of our justice system. However, that is one of those too good to be true phrase, not because I am a cynic, but because it isn't true. In actuality in our court system, the reality is that people are "not guilty until proven guilty." This removes whether or not a person did the crime, but whether or not you can prove it beyond reasonable doubt. This is the job of the jury.

You have no become a jury of Mr. Davis' peers. How will you decide?

On August 18 1989, a man named Michael Cooper was shot at a party late that night. Then hours later at 1am Larry Young was pistol whipped and a police officer named Mark Allen McPhail was shot at a Burger King parking lot. On August 23 1989 Troy Davis surrendered to authorities and was arrested. He was indicted in the Superior Court of Chatham County for the murder of the officer and later convicted in 1991 for the murder of the officer, and the assault of Michael Cooper and Larry Young. Davis was sentenced to die by execution in 1993 for the crime. After several appeals and a final denial of clemency, his execution date is set for September 23, 2008. Now for the kickers...

It is going on 16 years that Troy Davis has been on death row. But there is very strong evidence that suggests that he is innocent. On the amnesty international website it lists the reasons why, which I found interesting.

1. There was no PHYSICAL EVIDENCE against Troy Davis
2. The weapon used in the crime was never found
3. The case against him consisted entirely of witness testimony
4. Seven of the nine non-police witnesses have recanted or contradicted their testimony
5. Many of these witnesses have stated that they were pressured or coerced by police
6. One of the two witnesses who has not recanted testimony is the principal alternate suspect
7. Nine individuals have signed affidavits implicating the man that is the principal alternate suspect
8. Troy Davis has NEVER had a hearing in federal court on the reliability of witness testimony used against him.

Now if you were on the jury would you have convicted this man. Does there seem like reasonable doubt?
Troy is scheduled to die for something that he more than likely did not do.

For more information or to take action you can go to amnestyusa.org/troydavis His execution is set for September 23, 2008. Don't be too late.

I will end with a quote from US Supreme Court Justice John Paul Stevens:
" I think this country would be much better off if we did not have capital punishment. I really think its a very unfortunate part of our judicial system and I would feel much much better if more states would really consider whether they think the benefits outweigh the very serious potential injustice, because in these cases the emotions are very very hign on both sides and to have stakes as high as you do in these cases, there is a special potential for error."