Saturday, May 30, 2015
New poll shows social conservatives in decline
Saturday, January 4, 2014
Obamacare won’t cause beheadings (does this really need to be said?)
A new rumor about Obamacare, formally known as the Affordable Care Act, making its rounds on the internet is that the law will make beheadingan official method of execution in the United States. The rumor, apparently has its origin in an article by Lorri Anderson on the Freedom Outpost on Nov. 18, 2013, about international medical codes. Conspiracy sites claim that a medical code for “legal execution” reveals that beheading and decapitation are coming to the United States. The Freedom Outpost is a conservative pseudo-news site that has articles on birtherism, nullification and otherconspiracy theories.
Anderson's article refers to a medical code, “ICD 9 E 978,” that conspiracy theorists believe purports to list the legal methods of execution in the United States. The definition of the coding is found on CentralX.com under “International Classification of Diseases” and is as follows:
E978 Legal execution
All executions performed at the behest of the judiciary or ruling authority
[whether permanent or temporary] as:
asphyxiation by gas
beheading, decapitation (by guillotine)
capital punishment
electrocution
hanging
poisoning
shooting
other specified means
INJURY UNDETERMINED WHETHER ACCIDENTALLY OR PURPOSELY INFLICTED
Anderson notes that the code is part of an international coding system, but doesn’t seem to understand what the codes are for or how they are used. She seems to believe that, because the United States is using the coding system, all parts of the code will apply to patients in the United States and that is is being forced on American doctors by the Department of Homeland Security and UN.
Writing for About.com, Trisha Torrey explains that “ICD” codes are “International Statistical Classifications of Diseases.” The codes are used to categorize every disease, set of symptoms or cause of death that can be attributed to human beings. The coding system was developed by theWorld Health Organization, the coordinating authority for health in the United Nations. As electronic medical records are implemented, the codes will be used for diagnosis and treatment of health problems.
When someone dies, an ICD code will also be used to record the cause of death. This is where Anderson’s code for “legal execution” comes in. The code will obviously be used when a person has been executed “at the behest of the judiciary or ruling authority [whether permanent or temporary].” Even though “beheading” and “decapitation (by guillotine)” are not legal methods of execution for the federal government or any of the 50 states, beheading is still legal in Saudi Arabia. Additionally, rebels in Syria and the Taliban in Pakistan (possibly a temporary authority in areas that they control) have been known to use beheading, as did Saddam Hussein in pre-war Iraq. Other Islamic terrorists have also been known to behead their captives. In one notable case, Nick Berg, an American business who was Jewish, was kidnapped and beheaded by Iraqi Muslim terrorists in 2004 and the video of the murder was posted online. And no, there is no evidence that Barack Obama is a Muslim.
Regardless of what international medical codes define as legal methods of execution, the method of legal execution in the United States is established by the legislature. According to the Death Penalty Information Center, 35 states plus the federal government have the death penalty. All states have lethal injection as the primary method of execution. In Georgia, lethal injection is the only legal means of execution. Federal law requires that in federal death penalty cases, the method of execution follows the law of the state in which the conviction took place. No state law permits execution by beheading.
Anderson also attempts to tie in the ICD coding to Agenda 21 by asserting that “WHO is a specialized agency of the United Nations and directly linked to the League of Nations under the guise of collecting data.” In reality, the League of Nations was the predecessor to the United Nations and was disbanded in 1946 after failing in its primary mission of preventing a second world war. The United Nations was founded a year earlier in 1945.
Agenda 21 (read the full text here) is frequent fodder for conspiracy buffs. Agenda 21 is a protocol for achieving “sustainable development” in the 21st century that was drafted by theUnited Nations Earth Summit in 1992. The agenda is not a treaty. The Heritage Foundation noted in 2011 that Agenda 21 is “voluntary” and “nonbinding.” The United Nations Associationagrees that Agenda 21 is “not legally binding” and “does not take precedence over U.S. law.” Agenda 21 passed the House of Representatives in 1992 (sponsored by Nancy Pelosi) according to the Library of Congress but was never passed by the Senate so it never became U.S. law.
Conspiracy proponents like Townhall.com columnist Rachel Alexander sometimes refer to Executive Orders that supposedly implement Agenda 21 without congressional approval. In reality, President Obama’s Executive Order 13575 which in 2011 established the White House Rural Council specifically says that “nothing in this order shall be construed to… affect… authority granted by law” and that the order “shall be implemented consistent with applicable law….” Obama’s Executive Order 13547 carries similar disclaimers to avoid in pretense of amending current federal law. Similar claims about other presidents are also farfetched. Two orders by Bill Clinton cited by conspiracy buffs (12852 and 12996) establish an advisory council for the president on sustainable development and create wildlife refuges on public use lands. George W. Bush is also blamed for Executive Orders 13423 and 13366, which are equally innocuous and also carry disclaimers that they do not amend existing law.
It takes little research to quickly determine that the Affordable Care Act will not implement beheadings in the United States. It can be determined almost as quickly that however ill-advised that Agenda 21 may be, it does not apply to the United States.
If you find an internet conspiracy theory that would like Examiner to investigate, contact the Atlanta Conservative Examiner at ThorntonDavid@yahoo.com or on the Common Sense Conservative Facebook page. If your conspiracy is selected for an article, you will receive an official Atlanta Conservative Examiner tinfoil hat. Readers might also be interested in Examiner’s guide to “Becoming a discerning internet user,” a helpful article on distinguishing fact from fiction on the internet.
Read the rest on Examiner.com
See my hat tip from Politifact
Thursday, December 26, 2013
Relax. Obamacare doesn’t bring beheadings to US.
A new rumor about Obamacare, formally known as the Affordable Care Act, making its rounds on the internet is that the law will make beheading an official method of execution in the United States. The rumor, apparently started by Lorri Anderson on the Freedom Outpost on Nov. 18, 2013, claims that a medical code for “legal execution” reveals that beheading and decapitation are coming to the United States. The Freedom Outpost is a conservative pseudo-news site that promotes birtherism, nullification as well as other conspiracy stories.
Anderson claims that a medical code, “ICD 9 E 978,” purports to list the legal methods of execution in the United States. The definition of the coding is found on CentralX.com under “International Classification of Diseases” and is as follows:
E978 Legal execution
All executions performed at the behest of the judiciary or ruling authority
[whether permanent or temporary] as:
asphyxiation by gas
beheading, decapitation (by guillotine)
capital punishment
electrocution
hanging
poisoning
shooting
other specified means
INJURY UNDETERMINED WHETHER ACCIDENTALLY OR PURPOSELY
INFLICTED
Anderson notes that the code is part of an international coding system, but doesn’t seem to understand what the codes are for or how they are used. She seems to believe that, because the United States is using the coding system, all parts of the code will apply to patients in the United States.
Writing for About.com, Trisha Torrey explains that “ICD” codes are “International Statistical Classifications of Diseases.” The codes are used to categorize every disease, set of symptoms or cause of death that can be attributed to human beings. The coding system was developed by the World Health Organization, the coordinating authority for health in the United Nations. As electronic medical records are implemented, the codes will be used for diagnosis and treatment of health problems.
When someone dies, an ICD code will also be used to record the cause of death. This is where Anderson’s code for “legal execution” comes in. The code will obviously be used when a person has been executed “at the behest of the judiciary or ruling authority [whether permanent or temporary].” Even though “beheading” and “decapitation (by guillotine)” are not legal methods of execution for the federal government or any of the 50 states, beheading is still legal in Saudi Arabia. Additionally, rebels in Syria and the Taliban in Pakistan (possibly a temporary authority in areas that they control) have been known to use beheading, as did Saddam Hussein in pre-war Iraq. Other Islamic terrorists have also been known to behead their captives. In one notable case, Nick Berg, an American business who was Jewish, was kidnapped and beheaded by Iraqi Muslim terrorists in 2004 and the video of the murder was posted online. And no, there is no evidence that Barack Obama is a Muslim.
Regardless of what international medical codes define as legal methods of execution, the method of legal execution in the United States is established by the legislature. According to the Death Penalty Information Center, 35 states plus the federal government have the death penalty. All states have lethal injection as the primary method of execution. In Georgia, lethal injection is the only legal means of execution. Federal law requires that in federal death penalty cases, the method of execution follows the law of the state in which the conviction took place. No state law permits execution by beheading.
Anderson also attempts to tie in the ICD coding to Agenda 21 by asserting that “WHO is a specialized agency of the United Nations and directly linked to the League of Nations under the guise of collecting data.” In reality, the League of Nations was the predecessor to the United Nations and was disbanded in 1946 after failing in its primary mission of preventing a second world war. The United Nations was founded a year earlier in 1945.
Agenda 21 (read the full text here) is frequent fodder for conspiracy buffs. Agenda 21 is a protocol for achieving “sustainable development” in the 21st century that was drafted by the United Nations Earth Summit in 1992. The agenda is not a treaty. The Heritage Foundation noted in 2011 that Agenda 21 is “voluntary” and “nonbinding.” The United Nations Association agrees that Agenda 21 is “not legally binding” and “does not take precedence over U.S. law.” Agenda 21 passed the House of Representatives in 1992 (sponsored by Nancy Pelosi) according to the Library of Congress but was never passed by the Senate so it never became U.S. law.
Conspiracy proponents like Townhall.com columnist Rachel Alexander sometimes refer to Executive Orders that supposedly implement Agenda 21 without congressional approval. In reality, President Obama’s Executive Order 13575 which in 2011 established the White House Rural Council specifically says that “nothing in this order shall be construed to… affect… authority granted by law” and that the order “shall be implemented consistent with applicable law….” Obama’s Executive Order 13547 carries similar disclaimers to avoid in pretense of amending current federal law. Similar claims about other presidents are also farfetched. Two orders by Bill Clinton cited by conspiracy buffs (12852 and 12996) establish an advisory council for the president on sustainable development and create wildlife refuges on public use lands. George W. Bush is also blamed for Executive Orders 13423 and 13366, which are equally innocuous and also carry disclaimers that they do not amend existing law.
It takes little research to quickly determine that the Affordable Care Act will not implement beheadings in the United States. It can be determined almost as quickly that however ill-advised that Agenda 21 may be, it does not apply to the United States.
If you find an internet conspiracy theory that would like Examiner to investigate, contact the Atlanta Conservative Examiner at ThorntonDavid@yahoo.com or on the Common Sense Conservative Facebook page. If your conspiracy is selected for an article, you will receive an official Atlanta Conservative Examiner tinfoil hat. Readers might also be interested in Examiner’s guide to “Becoming a discerning internet user,” a helpful article on distinguishing fact from fiction on the internet.
Originally published on Atlanta Conservative Examiner
Wednesday, March 21, 2012
Life sentences may be next social justice target
For years the left has opposed the death penalty on a variety of grounds, including a violation of the Constitution’s prohibition of cruel and unusual punishment. Now two cases on the current Supreme Court docket may signal the next big liberal social justice cause: the abolition of life sentences without possibility of parole.
The two cases heard by the court yesterday are Miller v. Alabama and Jackson v. Hobbs. In both cases, the defendants were 14-years-old at the time that they committed murder. They were subsequently convicted of the murders and sentenced to life without parole. Their attorneys are now postulating that to sentence a minor to life without parole is cruel and unusual punishment.
According to a summary by Cornell University law school, Evan Miller and a friend, Colby Smith, robbed the trailer of neighbor, Cole Cannon, on the night of July 15, 2003. The pair returned to Cannon’s home later that night to find Cannon passed out from smoking and drinking. Miller took Cannon’s driver’s license and $300 from his wallet. He then tried to replace the wallet, but Cannon woke up in the process and began attacking Miller. Both boys then beat Cannon with a baseball bat until he was unconscious.
The boys then left Cannon in his trailer, but later returned to try to cover up the crime. Ultimately, they decided to set fire to the trailer in an attempt to destroy the evidence. At the time, Cannon was still alive. An autopsy ruled the death a combination of smoke inhalation, blunt force trauma, and ethanol intoxication. Miller signed a statement admitting to fighting with Cannon and robbing him, but denying setting the fire. He was found guilty of capital murder in the course of committing arson and received the mandatory sentence of life without parole. According to the Decatur Daily News, Colby Smith pled guilty and was sentenced to life with the possibility of parole. He testified at Miller’s trial.
In the case of Kuntrell Jackson, the defendant was part of a trio that robbed a video store in Blytheville, Ark. According to case filings, Jackson and two other juveniles went into Movie Magic on November 18, 1999 and demanded that the clerk, 28-year-old Laurie Troup, give them her money. When she refused, she was shot in the face with a sawed-off shotgun. The three boys then fled without taking any money.
When the boys were arrested in March 2001, they all made incriminating statements. At the time of his arrest, Jackson had a long record that included shoplifting, auto theft, criminal trespass and fleeing. He was considered a serious offender even before being charged in the murder case. Jackson claimed that he was the lookout and another boy admitted to the murder according to the Arkansas Times. The killer received a sentence of life with possibility of parole. Jackson was also convicted of felony murder under an Arkansas law that imposes the same penalty on an accomplice as the actual killer.
The opposition to life without parole for minors is centered on two points. The first is that because the sentences are pronounced on minors with most of their lives before them, it violates the Constitution’s Eighth Amendment ban on cruel and unusual punishment. In the original intent of the framers, this is unlikely. At the time the Constitution was written, there were no separate laws and penalties for minors. Juveniles were subject to the same laws as adults. It was not until 1899 that Chicago opened the world’s first juvenile court system.
The second point that opponents make is that minors are not fully capable of understanding the effects of their actions. The American Psychological Association argues in an amicus brief for both cases that juveniles have “diminished culpability” in three areas. First, their immaturity and undeveloped sense of responsibility can lead to “ill-considered actions and decisions.” Second, they are more susceptible to negative influences. Finally, the character of juveniles is not set as is the character of adults. The APA argues that this gives juveniles a greater chance for rehabilitation.
Attorneys for the states of Alabama and Arkansas argue that the issue is one of state’s rights which are protected by the Constitution’s 10th amendment. This amendment states that if the Constitution doesn’t grant the federal government specific powers, those powers are reserved to state governments. This means that since the Constitution does not delegate the power to regulate sentencing for murder to the federal government, then the federal government has no right to interfere with duly passed state laws.
Proponents also argue that the heinous nature of murder requires the most serious punishment. An NPR report on the hearing quotes Arkansas Attorney-General Kent Holt as telling the justices, “Teenagers must know that if you commit the worst crime, you will get the worst punishment.”
Life without parole is currently the worst punishment for juveniles. In Roper v. Simmons (2005), the Court outlawed the death penalty for juveniles citing the Eighth Amendment and “the overwhelming weight of international opinion.” In Graham v. Florida (2010), the Court banned juvenile life without parole in cases other than murder, again citing the Eighth Amendment and international opinion.
The next step for criminal’s rights activists may well be to attack the life sentence for adults as well. In many countries around the world, life sentences have already been abolished. For example, in Norway, where Anders Behring Breivik killed 77 people last July, the maximum sentence he will face is 21 years in prison. As more countries abolish life sentences, American liberals may press U.S. courts to follow suit based on international norms and opinion.
According to the Campaign for the Fair Sentencing of Youth, Georgia allows life without parole for minors, but the sentence is not mandatory. There are currently eight known inmates in Georgia prisons who were sentenced to life without parole as minors.
There are 2,300 inmates in the United States who were sentenced to life without parole for murders committed when they were under 18 according to PBS. Of these, 79 were convicted for murders committed under the age of 14. The decisions in the Miller and Jackson cases may affect these prisoners.
This article originally published on Examiner.com:
Friday, September 23, 2011
Troy Davis and the minority death penalty
This week’s execution of convicted cop-killer Troy Davis in Georgia had sparked protests and appeals for clemency from around the world. Even many people who normally support the death penalty believed that with the recanted testimonies of several prosecution witnesses, there was too much doubt to allow the execution of Davis to proceed.
In many cases, the race of the defendant is a factor in opposition to the death penalty. Critics have long charged that there is discrimination in the application of the death penalty. According to census.gov, blacks make up about 12 percent of the US population and 30 percent of the population of Georgia. Hispanics make up 16 percent of the US population and eight percent of Georgia’s.
In contrast, according to the Death Penalty Information Center, the number of blacks on death row and who have already been executed is out of proportion the percentage of blacks in the general population. Recent statistics show that 44 percent of death row inmates are white and an approximately equal percentage, 42 percent, are black. Hispanics make up 12 percent of death row inmates. In the past, 56 percent of executed inmates have been white. Thirty-five percent of past executions have killed blacks and seven percent have killed Hispanics. According to the Prison Policy Initiative, blacks are imprisoned at a much higher rate than Latinos or whites.
Rather than racism, the racial disparity on death row and in our prisons can most likely be attributed to the disintegration of the black family over the past half century. President Obama recognized the problem in a Father’s Day address in 2008 when he said, “More than half of all black children live in single-parent households, a number that has doubled — doubled — since we were children.” According to Politifact, the percentage of black single parent families has risen from 22 percent in 1960 to 54 percent in 2006.
Put another way, according to the Annie E. Casey Foundation, 67 percent of black children grow in single-parent homes, as do 53 percent of American Indians and 40 percent of Hispanics. The percentage of white children in single-family homes, 24 percent, is much less but still significant.
Many of these fatherless children end up inside prisons. Troy Davis was one. According to the Savannah Morning News, Davis’ mother divorced his father when Troy was very young. The oldest of five children, Troy was forced to grow up at an early age.
Without positive male role models, many children from single-parent families get into trouble with the law according to statistics on divorcereform.org. Children who grow up without fathers are twice as likely to become juvenile delinquents or teenage mothers. Seventy percent of long term prison inmates, 60 percent of rapists, and 75 percent of juvenile murderers grew up without fathers. Children without fathers are more likely to drop out of school and are 40 times more likely to become victims of child abuse.
By the time children reach their teens or, as with Troy Davis, they are sent to prison or death row, it is often too late. Chuck Colson, himself a former inmate, started Prison Fellowship in 1977 as a ministry to reach out to prisoners and their families. The ministries of Prison Fellowship include Angel Tree, which gives Christmas presents to the children of prison inmates, and Innerchange, a faith-based program for prisoners that focuses on rehabilitation instead of merely punishing prisoners.
Much of the blame for the destruction of the black family unit can ultimately be traced to well-intentioned federal programs. As Walter Williams explained in the Wall Street Journal, “The welfare state has done to black Americans what slavery couldn't do, what Jim Crow couldn't do, what the harshest racism couldn't do, and that is to destroy the black family.”
The fatherless upbringing of Troy Davis does not excuse his shooting of Michael Cooper, his assault on Larry Young, or his murder of Mark MacPhail, but it does help us to understand why he committed those crimes. More importantly, it gives us clues about how to keep from raising another generation of violent criminals.
The answer to the problem of greater percentages of minorities on death row or incarcerated in our prisons is not to impose racial quotas on the death chamber or to release large numbers of convicted criminals back into society. The way to address the problem of crime by children from single-parent families is to address the problem of single-parent families. Steps must be taken to minimize divorce and promote stable marriages. This is the way to save the next Troy Davis.
Read this article on Examiner.com:
http://www.examiner.com/conservative-in-atlanta/troy-davis-minorities-and-the-death-penalty
Monday, September 19, 2011
Troy Davis: Is Georgia really about to execute an innocent man?
It is said that prisons are full of innocent men. Virtually no prisoners ever admit to guilt. Many believe that Troy Davis, a Savannah man convicted of the 1989 murder of an off-duty police officer, may be a truly innocent man.
Davis, nicknamed “Rah” for “rough as hell” by neighborhood kids, was actually a nice person his neighbors told the Savannah Morning News at the time. Neighbors said he was “like a big brother” to local children, but according to a former teacher he was “a dumb kid and a worse student.” Davis had pled guilty to carrying a concealed weapon in 1988 and, according a Morning News article, had been arrested for eluding an officer in a high speed chase several months before the shootings.
The case stems from the events of August 19, 1989 in Savannah. According to Savannah Now, Davis attended a party where he allegedly shot Michael Cooper in the face. After leaving the party, Davis became involved in an argument with Larry Young, a homeless man, and Sylvester “Red” Coles.
At some point, Mark Allen MacPhail, an off-duty, uniformed police officer who was working security at a local Burger King, attempted to intervene and was shot. MacPhail did not draw his own weapon and was shot twice, once in the heart and once in the face. Davis also allegedly pistol whipped Young. Davis claims that he left the scene before the shooting and ultimately left Savannah for Atlanta.
Coles, who claimed that he was the one who fled, told police the next day that Davis had shot MacPhail. Police converged on Davis’ house and searched it, taking a pair of Davis’ shorts. The shorts, which reportedly contained blood, were not allowed to be admitted as evidence because the judge ruled that the warrantless search was not necessary according to the Savannah Morning News. Davis returned to Savannah and surrendered to police on August 23, 1989.
The murder weapon was never recovered, but a ballistics expert testified that both Cooper and MacPhail could have been shot with the same gun. According to Amnesty International, the shell casings from the party matched one found by a homeless man at the Burger King. Much of the prosecution’s case was based on the testimony of witnesses who either specifically named Davis as the killer or who identified him by the white shirt that he wore that night. At the time, there seemed to be little question of Davis’ guilt, although he proclaimed his innocence in court and denied admitting the shootings to anyone.
At the trial, Harriette Murray, Larry Young’s girlfriend, stated that “Davis was the same person who hit Larry and shot the police [officer]” according to the Morning News coverage. She stated that Davis was wearing a white shirt.
In the same article, Coles, who said he wore a yellow shirt that night, also said that Davis hit Young. Coles said that Davis had carried a .38 pistol earlier at a pool hall. Coles said that he heard the first shot and started running. Coles admitted to owning a chrome .38, but said that he did not have the gun in his possession at the time of the shooting.
Other witnesses included Kevin McQueen, who claimed that Davis confessed to the killing while playing basketball in jail, and Michael Cooper, who said that Davis had argued with one of his friends at the party. The Morning News said Cooper did not know who shot him, but that Davis didn’t “know me well enough to shoot me.” Benjamin Gordon testified that the man who shot Cooper wore a white shirt and blue shorts, similar to Davis’ attire. Darrell Collins, who was with Davis at the party and at Burger King, said that Davis shot at the car carrying Cooper. Dorothy Ferrell identified Davis in court as the man who shot MacPhail. Both Gordon and Collins changed their stories on cross examination.
According to Savannah Now, there were other witnesses as well. Jeffrey Sapp testified that Davis had admitted shooting the officer in self-defense. Antoine Williams, who worked at the Burger King, and two Air Force enlisted men, Stephen Sanders and Robert Grizzard, agreed that the man who hit Young shot MacPhail. Williams and Sanders agreed with Murray and Ferrell that Davis was the killer.
Amnesty International cites three more witnesses: Monty Holmes, Larry Young, the homeless man, and Darrell Kinsman, another Air Force member. Kinsman could not identify the shooter, but said that the gun had a shiny finish and that the shooter held the gun in his left hand. Davis is right handed. Young identified Davis as the man who assaulted him by the color of his clothing. Holmes said that Davis admitted to him that he shot MacPhail.
Davis was convicted in the shootings of both Cooper and MacPhail, as well as the assault on Young. Since the trial in 1991, almost all of these witnesses have signed affidavits recanting their testimonies. In most cases, they claim that the police pressured or coerced them into testifying against Davis. Sylvester Coles, Harriette Murray, and Stephen Sanders have never recanted their testimonies.
Davis’ conviction predictably led to numerous appeals at both the state and federal levels. After the recantations and the new testimony from several witnesses that implicated Coles, the case garnered international attention. Celebrities from the Pope to Jimmy Carter to Bob Barr, a former Georgia congressman and presidential candidate, and William Sessions, a former FBI director, spoke out on Davis’ behalf.
In contrast to defense claims that the new evidence has not been heard, last year Davis was granted a hearing by the Supreme Court to prove his innocence, the first such hearing in 50 years according to the Atlanta Journal. At the hearing in federal court, the defense failed to subpoena Coles, so Judge William Moore did not allow hearsay evidence from witnesses who claimed that Coles had confessed to the killing.
In addition to not calling Coles to testify, the defense also did not call Larry Young and Dorothy Ferrell, two of the prosecution’s most important witnesses and who had by then recanted, to testify. Therefore, the judge could not examine their credibility. According to a Law.com article, Judge Moore called the recantations of Sapp and Collins “impossible to believe” and noted that Murray and Williams did not say that they lied at the trial or that they were coerced. The hearing in front of Judge Moore was Davis’ big chance to prove his innocence and the defense blew it.
Defense claims that Davis is innocent rely solely on the recanted testimonies of the witnesses. By definition, a witness who recants has lied and is no longer credible. The question that the courts must determine is whether the lie took place in the original trial or in the affidavit where the witness claimed to lie at the trial. It is not unreasonable to believe that Davis’ friends, who originally testified against him, want to prevent his execution 22 years later.
The recanted testimonies do nothing to challenge the physical evidence in the case. The fact that that the shell casings from the party where Michael Cooper was shot were a match for the shell casings from the Burger King where Officer MacPhail was shot is a damning piece of evidence. No one has alleged that Sylvester Coles, the only other suspect, was present at the party where Cooper was shot. This makes Davis the only viable suspect.
Davis’ shorts that were not admissible in his original trial were presented as evidence in the 2010 hearing. According to a WSAV report, a GBI report from 2007 indicated that there was a small amount of blood on the shorts, but not enough to do a DNA test. Even though the shell casings matched, the bullets taken from Cooper and MacPhail could not be conclusively matched.
For his part, Spencer Lawton, the Chatham County prosecutor who tried the case, told WTOC, a Savannah television station, in 2008 that he remains convinced of Davis’ guilt. Lawton says that the shell casings from the party shooting “exactly matched the shooting of Officer MacPhail” and that the defense wants “to condemn a fella [sic] named Coles on far less evidence than [on which] Davis was condemned.”
The date for his execution has been set three times previously, but was stayed by courts. It is unlikely that a court will intervene again to delay Davis’ execution after the failure to prove his innocence in 2010. The Georgia Parole Board will meet today to consider his case. If it denies his appeal for clemency, there will be few options left for Davis.
We will never know why Troy Davis, a “straight up fella,” shot and killed Mark MacPhail outside the Burger King that night in 1989, but the evidence is that he did.
Continue reading on Examiner.com Review of the Troy Davis case - Atlanta Conservative | Examiner.com http://www.examiner.com/conservative-in-atlanta/review-of-the-troy-davis-case#ixzz1YPJETbD9
Part 2:
Photo Credit: Worldwide Coalition Against the Death Penalty/Wikimedia




