A Tale of Two Injustices
Ed. by Journal of Prisoners on Prisons
(Dept. of Criminology, Univ. of Ottawa, 2013)

(In REMEMBRANCE of the Sept. 21, 2011, assassination of Troy Davis)

On October 3, 2011 everyone in the U.S. awoke to wall-to-wall mainstream's media's (MSM) broadcasting of the impending Amanda Knox appellate ruling. At issue: whether she received a fair trial. At stake: freedom, or, a possible life in an Italian prison. This was the culmination to over a week's coverage detailing every aspect of the miscarriage perpetuated during Ms. Knox's prosecution. We were inculcated in each misuse of contaminated evidence used to secure her conviction.1 Also, the media highlighted how the prosecuters psychosis played a crucial role in Knox's unfair indictment.

Ideology is an often overlooked component in unjust convictions. Ms. Knox's prosecutor was fascinated with the medieval belief in the presence of sacrificial murderers, although, not one piece of evidence pointed to Satanism. Now, decades later, once again, this very same prosecutor was accusing people, Knox and her boyfriend, with an unsupported theory of a satanic orgy gone awry.

On the other hand, is the case of Troy Davis. Mr. Davis had similar grievances as Ms. Knox, but, with more at stake: life or death. His death sentence was obtained solely by way of eyewitness testimony. Nevertheless, substantially before his final hearing. Seven of the nine eyewitnesses against him RECANTED their testimonies, insisting they were INTIMIDATED by either the POLICE or the person many believed to be the ACTUAL KILLER2 to FALSELY IDENTIFY Mr. Davis (Significant Doubts, 2009). The unreliability of eyewitnesses and police corruption are in no way a new phenomena in wrongful convictions. They were instrumental factors in Illinois, then, Governor George Ryan's shuttering of his state's death row. Because of these inequities, Governor Ryan found himself "EXONERATING more men THAN we had EXECUTED, 13 men found INNOCENT, 12 EXECUTED" (Ciolino, 2005, p.154).

Despite Mr. Davis's having a compelling case for his freedom, MSM did not feel obliged to educate the masses to the dubious circumstances surrounding his conviction. His case did have some nice media-worthy elements that MSM usually loves. Here was a man facing supreme injustice with the upmost dignity, conjoined with multitude of buzz-worthy supporters. Some of his staunchest advocates included eminences, from Desmond Tutu and the Pope to former President Jimmy Carter. Most people, the world over, who heard of the circumstances of his conviction expressed NO CONFIDENCE IN THE VERDICT. In the days lending up to his final hearing, over 1 million people signed petitions supporting his exoneration (1 Million, 2011), and participated in the "I Am Troy Davis" campaign (in the spirit of "I Am Spartacus").3 Students led by those from HBCU's (Historically Black Colleges and Universities), protested in front of the White House and the prison. Some were eventually arrested (Four Howard..., 2011; McClure, 2011). No doubt there was a huge story to be had here.

Just as the storms of winter lead to the fruitful harvest of spring, Troy Davis's plight evolved into a humanistic movement that subsequently survived his unwarranted murder.4 Some examples: filmmaker and author Michael Moore's decision to dedicate a portion of the proceeds from his book toward the removal of all officials who refused to rectify this miscarriage of justice5; and, more profoundly, the fact that one of the dictums included in Occupy Wall Street's (OWS) Declaration of NYC was that they, the 99%, are fed up America's continuation of executing its citizens (the 99%) based upon flimsy evidence.6

The fact that Troy Davis' legal fiasco had such an ability to touch and move a vast number of people, from the depths of their consciousness, bellies MSM's lack of interest in this story.

Martin Luther King, Jr. once said, "A time comes when silence is betrayal" (King, 1967). Perhaps, due to King's prescient nature, he gave this speech in New York City, home to the OWS movement. He clairvoyantly continued:

I am convinced that if we are to get on the right side of
the world revolution, we as a nation must undergo a radical
revolution of values....When machines and computer, profit
motives and property rights, are considered more important
than people, the giant triples of RACISM, EXTREME MATERIALISM,
AND MILITARISM are incapable of being conquered....A
true revolution of values will soon look uneasily on the
glaring CONTRAST of POVERTY AND WEALTH. The Western ARROGANCE
of feeling that it has EVERYTHING to teach others and NOTHING
to LEARN from them is not just (King, 1967).

Dr. King's powerful language is in perfect harmony with Governor Ryan's during his speech explaining why he was closing Illinois' death row:

"In fact the most glaring weakness is that no matter how
efficiently and far the death penalty may seem in THEORY,
in actual practice it is primarily INFLICTED upon the WEAK,
the POOR, the IGNORANT and against RACIAL MINORITIES"
[Quoting former California Governor Pat Brown] (Ciolino, 2005, 153-4).

Clearly, the time has come for MSM to end its jingoistic tactics of silence on injustices at home, while emphasizing identical injustices abroad. Despite the common claim, this appears to go beyond media racial preference. MSM, was, also, silent when, at least two white men were executed while the pendulum swung heavily towards their innocence. One, Thomas Martin Thompson (CA), I addressed in an essay, "Capital Trial Errors: "Harmless or Not."7 The other, Cameron Todd Willingham, was executed in Texas, based on evidence that leading forensic experts, eventually, declared was erroneous (Grann, 2009). Therefore, when Texas Governor Rick Perry later claimed, during a Republican debate, that his state's death machine has NEVER gobbled up an innocent person, we found MSM in silence, without questioning Mr. Perry once, regarding this apparently FALSE statement. The American judicial system, therefore, can learn from others how to best insure that its citizens are provided fair trials, in which they are, "presumed innocent until proven guilty according to the law....at which (they have) had ALL the GUARANTEES necessary for [their] DEFENSE."8

An excellent beginning would be to REPEAL legislation passed during the Clinton years, like, AEDPA (Antiterrorism and Effective Death Penalty Act), that circumvents constitutional rights (GUARANTEES) to appeal unjust sentences, as happened with Troy Davis and others. This is in contrast to the opportunity given to Amanda Knox, in Italy. The later great activist/historian, Howard Zinn, accurately forwarned us about the true objectives of these types of nefarious bills:

The response of the government to such signs of desperation,
anger, and alienation [f/poverty, unemployment, foreclosures,
etc.]...: Build MORE JAILS, LOCK UP MORE PEOPLE, EXECUTE
MORE PRISONERS....(Zinn, 1980,p.665)

Also,

The result [of the legislation], according to Bob Herbert,
writing in the NY Times, was that a man facing the death
penalty in Georgia had to appear at a HABEAS CORPUS proceeding
without a lawyer (Zinn, 1980, pp. 645-47).

Over 150 years ago, a "distinguished Gentleman" made a comparable plea: "We ask that the Fugitive Slave Law of 1850, that LEGISLATIVE MONSTER of modern times by those atrocious provisions the Writ of 'Habeas Corpus' [and] the 'RIGHT OF TRIAL BY JURY' have been virtually ABOLISHED, SHALL be REPEALED" (Harding, 1981, pp. 180-1).9

How errily on point were Zinn's observations, and Douglass's plea? Just look at where Troy Davis lost his Constitutional Rights, and ,thus, his life, along with the circumstances that attended to that tragedy. Georgia!!! Perhaps, if Mr. Davis had gone through the Italian judicial system he would still be with us today.

ADDENDUM

Dreadfully, I am, presently, going through this exact same nightmare. The witness, whom Staff Writer/Appellate Courts, Kenneth Ofgang, published tied me to this crime (www.metnews.com/articles/2005/harr083005.htm), has BRAVELY came forward with the truth, and admitted that she was forced, BY THE PROSECUTION, to provide FALSE TESTIMONY (Case No. CV 13-4026-PA; Exhibit 183). However, instead of righting their wrong; CA's Attorney General's Office is ATTEMPTING to block this evidence from HABEAS CORPUS REVIEW by way of, what else, AEDPA!!! (Case 2:13-cv-04026-PA, Document 55, Filed 3/8/14).

Unfortunately, these unscrupulous tactics are one of the leading causes behind wrongful convictions. For instance, Dr. Emily West analyzed 255 cases in which DNA found that the people were actually innocent. Of these she discovered 65 cases where prosecutorial misconduct was raised on appeal:

Of these 65 cases, courts rejected the claims of prosecutorial
misconduct in 34. Of the 31 cases in which the courts
found prosecutorial misconduct, the ruled 12 harmful
and 19 harmless. It is TROUBLING to see how OFTEN courts
declare MISCONDUCT to be HARMLESS when the DEFENDANT is in
fact INNOCENT, even HOLDING that the EVIDENCE of guilt is
'STRONG.' (Ridolfi and Possley, p. 65)

To be continued....

September 18, 2014

Notes

1. The Italian Appellate Court, subsequently, overturned the convictions for several reasons: The prosecution's failure to prove motive, unreliable evidence, and the dubious testimony of the prosecution's star witness, Rudy Guede. Guede was the only person proven to have committed the murder, and for his cooperation was sentenced to 16 years. Knox's boyfriend, for his non-cooperation, received 25 years. Knox was sentenced to 26 years. The "incriminating" DNA found on the alleged murder weapon turned out to be from rye bread. (ABC Special: "A Murder. A Mystery. Amanda Knox Speaks", Aired: 4/30/13).

2. One of the two non-recanting witnesses is suspected to be the actual perpetrator. Its been reported that more evidence pointed towards him, than Troy Davis. However, as w/Rudy Guede, he cooperated w/the authorities to frame another. A common pattern found in wrongful convictions.

3. For excerpts of Troy Davis' message to his "I AM TROY DAVIS" supporters, see Dr. Maulana Karenga (2011), "Still on Death Row with Troy Davis: Defending Life and Justice." (www.lasentinel.net)

4. Immediately following the groundless execution of Davis, NAACP President, Ben Jealous, vowed to continue fighting until the death penalty is nationally abolished. In May 2013, at Maryland's Signing Ceremony ending capital punishment, one can find Mr. Jealous living up to his promise.

5. See Democracy Now!: "Man Interviewed by Democracy Now! on Troy Davis Execution Inspired My Georgia Boycott." Thus., Sept. 29, 2011acyNow.org)

6. "They [the 1%] have accepted private contracts to murder prisoners even when presented with serious doubts about their guilt." - Declaration of the Occupation of New York City (2011) (www.nationofchange.org/declaration-occupation-new-york-city-1317784408); Also, "Original Callout from Occupy Oakland," [points: 1, 2, and 6] Feb. 19, 2012 (www.OccupyWallSt. org)

7. www.prisontalk.com/forums/showthread.php?p=4801105

8. The United Declaration of Human Rights, Article 11; See, also, Art. 10. [Adopted Dec. 10,1948, by the General Assembly of the United Nations.] (www.un.org/en/document/udhr/)

9. Quoting Frederick Douglass (1853)

References

Ciolino, P.J. (2005). In The Company of Giants: The Ultimate Guide for Legal Professions. Journalists and the Wrongly Convicted. (Lincoln, NE: iUniverse)

"Four Howard Students Arrested At White House For Protesting For Troy Davis. Sept. 22, 2011, by NewsOne Staff. (http://newsone.com/1544165/howard-university-troy-davis-protest/)

Grann, D. (2009). "Trial by Fire". Retrieved Sept. 25, 201463 (http://www.newyorker.com/reporting/2009/09/07/090907fa fact grann?p.)

Harding, V. (1981). There Is a River. (Orlando, FL: Harcourt Brace.)

King, M.L. (1967, April 4) "Beyond Vietnam", (Speech at Riverside Church, New York.) Retrieved Sept. 29, 2013 (http://www.informationclearinghouse.info/article2564.htm)

McClure, B. (2011). "Black Power Protest and Historically Black Colleges." Sept. 22, 2011. (http://stateofhbcus.wordpress.com/tag/troy-davis/)

"1 Million People Sign Petition to Save Troy Davis." (2011). Z1079 Hip Hop. Retrieved Oct. 6, 2013 (http://znipopcleveland.com/3127162/1-million-people-sign-petition-to-save-troy-davis/)

Ridolfi, K.M.; & Possley, M. (2010). "Preventable Error: A Report on Prosecutorial Misconduct in California 1997-2009." (Northern California Innocence Project, Santa Clara University School of Law)

"Significant Doubts About Troy Davis' Guilt: A Case for Clemency." (2009). - NAACP. Retrieved Sept. 29, 2013 (http://www.naacp.org/pages/troy-davis-a-case-for-clemency)

Zinn, H. (1980). A People's History of the United States. (New York: HarperCollins)