Will Georgia Execute An Innocent Man?

DeathWatch does not often weigh in on executions taking place outside of North Carolina, but Georgia’s Troy Davis presents a special situation.

Winston-Salem attorney Mark Rabil describes the case:

It took a jury in Savannah, Ga., only a few hours to convict Troy Davis of the 1989 shooting of police Officer Mark McPhail, and only a few more hours to sentence Davis to death. The case against Davis was based solely upon the testimony of so-called eyewitnesses; no physical evidence exists. Alarmingly, seven of those nine have since recanted their original testimony, stating that they were wrong or lied about Troy Davis’ guilt in the face of intense coercion by law enforcement. Davis has always maintained his innocence. The police focused on Troy Davis because their first suspect, Redd Coles, told them Davis was the killer. Five new witnesses say that Coles was the one who shot McPhail. Witnesses saw Coles harassing a homeless man, shoot the police officer who tried to intervene, and then hide the gun. Coles himself admitted to fighting with the homeless man but fingered Troy Davis as the shooter of McPhail.

You can learn more about Troy Davis here and here.  If you are so inclined, you can sign this petition seeking clemency for Mr. Davis.  His execution is scheduled for September 21st.

For those who are not sure Mr. Davis is innocent but are also unsure of his guilt, know that clemency means Mr. Davis will not go free – he will be re-sentenced to life in prison.  There should not be death where there is doubt.

Life Sentence for Joshua Stepp

Josh Stepp, an Iraq war veteran suffering from PTSD, has been spared the death penalty.  He will serve life in prison without the possibility of parole.

Comments from jurors here.

State Dragging its Feet on Racial Justice

The Racial Justice Act was passed in August of 2009.  As required by the statute, death row inmate Marcus Robinson filed his claim under the Act in August of 2010.  Now, two years out from the passage of the RJA and one year after Robinson’s petition, the State says it has not started to prepare its response and needs more time.

If the November hearing moves forward as planned, Judge Weeks will consider only the issue of whether prosecutors in Cumberland County and across the state of North Carolina removed people of color from the jury panel in an unacceptable manner.  Another judge in Forsyth County is examining a separate issue related to how the race of the defendant and the race of the victim impact decisions to seek and impose the death penalty.

The Racial Justice Act allows defendants to look beyond the narrow scope of their own cases to identify patterns of behavior over time.  In Robinson’s own case, prosecutors were three times more likely to excuse qualified jurors of color than qualified white jurors.  This might be viewed as some kind of fluke if it were not also true that qualified black jurors were two and a half times more likely to be excluded from capital juries when every Cumberland County death penalty case is considered.  Even looking at every death-sentenced case statewide over the last 20 years, there is still a clear pattern – blacks are eliminated from juries at twice the rate of whites.  A sophisticated statistical study has shown that the probability of this disparity occurring in the absence of racial considerations is less than 0.0001.

Cumberland County prosecutors have had this information for a year, and have known it was coming for longer than that.  At the hearing, they asked for another six months (at least) to review Robinson’s evidence and come up with some of their own.  Some have speculated that the delay is intentional; that prosecutors want to push the hearing back until Judge Weeks retires or the RJA is repealed in the legislature, whichever comes first.  To be sure, there are other potential explanations, but the end result is the same: justice, whatever that may be, will have to wait.

Whatever your position on the Racial Justice Act, the death penalty, or Marcus Robinson, I think we can all agree that it is time to take the next step.

Local reporting here and here.  ThinkProgress weighs in here.

Note: A “qualified juror” is someone who meets the requirements to serve on a capital jury, which includes a willingness to impose the death penalty.  Thus, arguments to the effect that ‘black people just don’t support the death penalty’ do not explain the disparity.

Stepp Jury Deliberates

In Wake County, a jury is deciding whether to convict Joshua Stepp of first or second-degree murder in the 2009 killing of his stepdaughter.  Stepp admits to causing the girl’s death, but says that his mental state was so clouded by PTSD and intoxication that he acted without intending to kill.  If Stepp is convicted of first-degree murder, the jury will then hear additional evidence before deciding what sentence to impose.

Follow-Up Stories on Stewart Verdict

One local writer answers the question, “Why Bother With a Trial, Anyway?”

Also: DA Satisfied with Stewart Sentence

And: Stewart Verdict Frees a Community to Heal

Stewart was convicted of eight counts of second-degree murder and will spend the rest of his life in prison.  Many expected that he would be sentenced to death.  The jury should be commended for having the strength to follow their conscience and the law in such a highly publicized case.

Stewart Convicted of Second-Degree Murder

Robert Stewart has been convicted of eight counts of second-degree murder.  He will not face the death penalty, but will spend the rest of his life in prison.

Executions – September 2011

6 – Manuel Valle (FL)

13 – Joel Schmeiderer (TN – stay likely)

13 – Steven Woods (TX)

15 – Duane Buck (TX)

20 – Billy Slagle (OH)

20 – Cleve Foster (TX)

21 – Lawrence Brewer (TX)

22 – Derrick Mason (AL)

27 – David Jordan (TN – stay likely)

29 – Robert Flor (PA – stay likely)