Troy Davis case raising novel legal issues
So let me understand the new testimony in light of the entire story on that fateful night where Michael Cooper was shot in the jaw and then Officer MacPhail was shot dead.
The conviction of Troy Davis from earlier in the evening stands uncontested. Davis had a conflict at a party and shot at a car after which Michael Cooper, a Black male, was shot in the jaw.
The updated set of testimony from a friend of a cohort of Troy Davis named Sylvester "Redd" Coles claims that Coles was the actual shooter of Officer Macphail. It now appears that BOTH OF THEM where robbing and assaulting another man, pistol whipping him with a gun. When Officer MacPhail came over to the robbery scene to confront the two robbers - he was shot dead. The claim is that Sylvester "Redd" Coles was the shooter, not Troy Davis.
Let's play with this angle for a second.
I am working off of the assumption that Alabama law is similar to Georgia law as I note a murder case from "The First 48 Hours". Two men were engaged in a robbery and assault of a third man. The victim of the assault pulls out a knife and stabs one of the two, killing him. As the case closes - the robbery victim is not charged with murder because it was ruled "self defense". (He was charged with "obstruction of justice" because he originally denied his involvement until the facts proved otherwise.).
The surviving partner in the robbery was charged with HOMICIDE. Not because he stabbed his friend - he didn't. It was because he was a part of a criminal act that lead to the death of a person. The person happened to death of his own friend.
What about the Troy Davis / Sylvester "Redd" Coles actions are any different than this example above?
In a store robbery if there are 3 robbers yet only one of them has a gun, they all are charged with "armed robbery" even if the gun is not fired. They all are charged with "murder" if the one partner in crime murders the store clerk.
THE CIVIL RIGHTS INSERTION CLOUDS THE ISSUE
Using my best imitation of the closing testimony in movie "A Time To Kill": "What if Troy Davis and Sylvester 'Redd' Coles" were 'COLD CASE CIVIL RIGHTS KILLERS'?
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Thus the key question of the antics of the NAACP and other Progressive Activist groups must be inspected.
- Why are they so silent about the present freedom of the real killer Sylvester "Redd" Coles? Can you find one scenario in which an unarmed co-conspirator of Byron De La Beckwith , the man who was charged with killing civil rights leader Medgar Evers would escape the wrath of the NAACP and other progressive groups?
- Why are these groups so silent about the fate of Officer MacPhail? In the case of Mumia Abu Jamal the claim was that Officer Daniel Faulkner acted as an agent of REPRESSION from the "Frank Rizzo" Police Department in Philadelphia. In our present case - Officer MacPhail was a young, financially struggling police officer, working a second job securing a fast food restaurant in Savannah GA to insure that he kept a roof over his family head.
The selections in the justice and advocacy in the Officer MacPhail MURDER is stunning.
It is clear that the facts on the ground don't matter. This is merely a "Proxy Fight" about some broader issues with the fallen officer's fate as an irrelevant backdrop.
Some say that the INJUSTICE is in the unjust incarceration of Troy Davis.
The facts are clear - the INJUSTICE is that Sylvester "Redd" Coles is not ALSO incarcerated and charged with murder.
My view is that both Troy Davis and Sylvester "Redd" Coles should be charged with murder but given a life sentence without chance of parole.
IF this were a "Civil Rights Cold Case File" - the NAACP would argue this same position that I have detailed above.
8 comments:
Once again CF, I agree. Both of these guys should be in jail and Davis should not be a cause celebre here.
The things that is a constant problem with the so called civil rights organizations is their failure to go after the right issues. The right issues are those that plague our community that we can positively impact with better choices.
I maintain that a lot of this is tied to funding. When you go out and raise money on the basis of pervasive discrimination being widespread, you've going to have to rustle up a few issues that establish this and this explains the focus, in part. In the main, these groups aren't raising money targeted to addressing internal issues in the African-American community.
Was a civil right organization involved in this case? In the article, it appears that it was Amnesty International was the lead on this case.
[quote]When you go out and raise money on the basis of pervasive discrimination being widespread, you've going to have to rustle up a few issues that establish this and this explains the focus, in part[/quote]
On spot, my friend.
Worse than them "racism chasing" to justify their own existence is the fact that the Black community lacks the architecture to counter such operatives from SELF-PRESCRIBING their own medicine.
One thing is for sure - the are never going to be healed enough to DEMAND OF THEMSELVES better results.
The suppressive force that is causing failure is just inches from their collective grasp. We he STRUGGLE HARDER we will one day grab it. (All the while the Democrats grow in power per this chase).
If a person like me does attempt to wrest focus away from them and toward the real problems I run the risk of "blaming the victim" and/or "hating Black people and thus myself".
The game is so clear.
CF,
The one thing I keep thinking that needs to be done is an initiative where something that's vexing the community gets solved. It really doesn't matter how big or little the issue is so much that it gets resolved with high visibility based on something that we did independent of the normal "racism chasing" begging the government, marching and etc.
The fact that success was garnered by DOING FOR SELF, would put the do nothing politicians on trial more than anything anyone could say about them or to them. They're won't be convinced of the errors of their ways as there's an entire infrastructure wedded to their approach. They have to be put on trial another way. Someone has to execute on a new approach that successfully resolves an issue in the community.
Greg L
http://africanamericanclarioncall.wordpress.com/
Troy Davis: Both sides need to be told
Dudley Sharp, contact info below
Anyone interested in justice will demand a fair, thorough look at both sides of this or any case. Here is the side that the pro Troy Davis faction is, intentionally, not presenting.
(1) Davis v Georgia, Georgia Supreme Court, 3/17/08
Full ruling http://www.gasupreme.us/pdf/s07a1758.pdf
Summary http://www.gasupreme.us/op_summaries/mar_17.pdf
" . . . the majority finds that 'most of the witnesses to the crime who have allegedly recanted have merely stated that they now do not feel able to identify the shooter.' "One of the affidavits 'might actually be read so as to confirm trial testimony that Davis was the shooter.' "
The murder occurred in 1989.
(2) "THE PAROLE BOARD'S CONSIDERATION OF THE TROY ANTHONY DAVIS CASE" , 9/22/08, http://www.pap.state.ga.us/opencms/opencms/
"After an exhaustive review of all available information regarding the Troy Davis case and after considering all possible reasons for granting clemency, the Board has determined that clemency is not warranted."
"The Board has now spent more than a year studying and considering this case. As a part of its proceedings, the Board gave Davisâ?? attorneys an opportunity to present every witness they desired to support their allegation that there is doubt as to Davisâ?? guilt. The Board heard each of these witnesses and questioned them closely. In addition, the Board has studied the voluminous trial transcript, the police investigation report and the initial statements of all witnesses. The Board has also had certain physical evidence retested and Davis interviewed."
(3) A detailed review of the extraordinary consideration that Davis was given for all of his claims,
by Chatham County District Attorney Spencer Lawton http://tinyurl.com/46c73l
Troy Davis' claims are undermined, revealing the dishonesty of the Davis advocates . Look, particularly, at pages 4-7, which show the reasoned, thoughtful and generous reviews of Davis' claims, as well a how despicable the one sided cynical pro Troy Davis effort is.
(4) Officer Mark Allen MacPhail: The family of murdered Officer MacPhail fully believes that Troy Davis murdered their loved one and that the evidence is supportive of that opinion. http://www.fop9.net/markmacphail/debunkingthemyths.cfm
Not simply an emotional and understandable plea for justice, but a detailed factual review of the case.
(5) "Death and Dying", by Cliff Green, LIKE THE DEW, 7/22/09,
http://likethedew.com/2009/07/22/death-and-dying/
Dudley Sharp, Justice Matters
e-mail sharpjfa@aol.com 713-622-5491,
Houston, Texas
Mr. Sharp has appeared on ABC, BBC, CBS, CNN, C-SPAN, FOX, NBC, NPR, PBS, VOA and many other TV and radio networks, on such programs as Nightline, The News Hour with Jim Lehrer, The O'Reilly Factor, etc., has been quoted in newspapers throughout the world and is a published author.
A former opponent of capital punishment, he has written and granted interviews about, testified on and debated the subject of the death penalty, extensively and internationally.
Yeah, never mind that this guy was ROBBING someone... Let's make sure we fight for his rights! Give me a break... regardless of who fired the shot, they were in on it together and should be punished equally. The focus here should not be on Davis' rights. His rights were upheld! When you commit a felony and someone dies in the process, you have the right to face a death sentence! The focus here needs to be giving that same right to Sylvester Coles!
This blogger idiot is very much misinformed about the case obviously, as well as the details of BOTH men the night of the occurrence. People like you make me want to vomit! RACE is an issue in this case and RACE is an issue in America and it is most definitely an issue in the SOUTH. If you want to pretend it doesn't exist and push it up under a rug go ahead, but the storm is definitely brewing! They previously granted clemency to a white male by the name of David Crowe for a brutal murder that he actually admitted to committing! The Civil Right organizations and each other are all African Americans have as a voice! The state did not want to hear both sides when both sides were trying to be presented. Troy Davis' testimony did not matter! As far as the internal issues of the black community...they were oppressed in America from day one and are still oppressed! How can any community come up when they are still being torn down?
[quote]The Civil Right organizations and each other are all African Americans have as a voice! [/quote]
Anon:
I've noticed over time that the first thing that I get stripped of when I disagree with a Progressive-Fundamentalist is my intelligence. I now bow to your superior intellect.
Its strange, however, how these CIVIL RIGHTS ORGANIZATIONS can't see that RACE is also fundamental in the Street Pirate on Black murders that are abundant in Atlanta and other cities.
Maybe they too believe that the Blacks who kill other Blacks are inferior - as you do.
The notion that anyone uses Troy Davis as an example of how African Americans continue to be oppressed puzzles me. He committed a serious crime.... and that's who you want to champion as your example?? If you want to get anywhere, stop using convicts and murderers as your martyrs. How about setting a better example.
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