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Kevin Spidel Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 03:37 PM
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My Heart is Heavy
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By Martina Correia, Amnesty International USA

In 1989, my brother Troy Anthony Davis was accused of killing an off duty police officer and two drive-by shootings in Savannah, Georgia. The people in the city were outraged, my family tormented and my mother in total devastation. In 1991 my brother was convicted of the police killing and one of the drive-by shootings. Even though the man shot in the drive-by testified I don’t know Troy Davis he had no reason to shoot me. It was proven that his shooting was related to the other drive-by shooting they charged Troy with, but we later discover another man confessed to that shooting and is now serving time imprison. You see the witnesses for the prosecution were, known criminals, and undesirables, so the state had to make Troy seem like a deranged bain on society that performed three shootings in different areas of town with different guns, while on foot all within 30 minutes. But the kicker is that the smoking gun was not a gun at all but the main prosecution witness who was the only person that testified he had a gun that he threw away. My brother’s crime was being in the wrong place at the wrong time, Troy tried to stop the man with the gun from pistol whipping a homeless man over a can of beer. The homeless man testified that the man that pistol whipped him was the same man that killed the police officer. The same man that gave the police their smoking gun, he walked into the police department with a lawyer, receiving immunity from prosecution and said, “Troy Davis killed the policeman. The same man who threw away his gun that the police never recovered to test for ballistic matches. The same man who was never tested for gun powder residue.

Well after years of fighting for my brother’s innocence and speaking against the death penalty, we got some breaks. The Atlanta-Journal Constitution did a front page Sunday story on the fact that 6 of 9 prosecutorial witnesses in Troy’s case, Totally Recanted and cited coercion among things. This was September 2003, after which only a few people sent in opinions to the paper that they would not execute with so much doubt. The local Savannah News Press said nothing about the two page story.

I have tried so hard to get national attention to save Troy. I have dedicated my life to saving his, even at the expense of my own health at times. Because I go home and I have to look into the face of my ailing mother who has so much love for the world and for my brother. I have to look at how sad she has become that no one cares about the families on the other side. No one cares about the injustice that has taken place against my family. We can’t want until my brother has an execution date for people to rally behind his case because then it is too late.

But then, I received a call last year a prestigious lawyer In DC, who believes in his innocence and has taken his case after so many years pro-bono. More good news, my family is elated, my brother has a hearing before the 11th circuit court of appeals and we are fighting for his innocence and then I hear this voice of doom from one of the judges,” Counselor are you here to argue actually innocence or the procedural default error?” The attorney Kathleen Behan of Arnold & Porter in DC says, “Both, my client is factually innocent and the procedural error, that states this evidence should have been presented in State Court.” One of the judges held up affidavits and said to the state prosecutor, “Without these original testimonies due to recantations you have no case against Mr. Davis, so why are we here? Then it seemed like I was hearing a language never spoken because I could not understand the response. The state prosecutor, simple said, “Because you don’t have to look at the innocence issue in this case, there was a procedural error. Mr. Davis did not present this information in a timely manner.” This was September 7, 2005 and we are still waiting a decision from the court...

(read more here: http://spidel.net/blog/?p=451)

About the Author: http://www.amnestyusa.org/faithinaction/matina_correia.html
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