Fresh Loaf

– The race between “that one” and Johnny Mac isn’t the only thing on the November ballot. Even beyond the race between the “Sax Machine” and “Big Ears,” there’s some more obscure, but equally important, questions to decide. DriftGrift gives the lowdown on Constitutional amendment No. 1, which preserves forests and who doesn’t want to preserve forests? But wait ’til you read the fine print.

— Sure, “that one” is ahead in the polls. But optimists thought Gore and Kerry were going to win, too. Can the Republicans steal another election? You betcha. Reporter-Cub ponders the possibilities.

— In Catch 22, there was the Major Major, who looked like Henry Fonda and never did much of anything. But at the Daly Report, there’s the one and only Sergeant Major. Daly’s days in Iraq are coming to an end. And he looks back at his favorite officer.

— DownRight, cries out, “Where have you gone Newt Gingrich? A lonely nation turns its eyes to you.” They also give J-Mac a reluctant endorsement.

— The lovely Sara at Going Through The Motions reveals that she is a Red Sox fan. She likes Greek food. She thinks she jinxes FSU whenever she shows up at a game (go to as many games as possible, Sara). But in her “this & that” post, she also has this sobering reminder: the state of Georgia will kill Troy Davis, who is likely an innocent man, next week. And whatever happened to American justice?

— And, finally, Left On Lanier has discoverd a candy that is the world’s most … well … you know … I suppose it all depends on your point of view. Is it tasty? Or tasteless? Either way, it’s definitely perverted.

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Troy Davis

According to the commissioner of the state Department of Corrections, death row inmate Troy Davis is scheduled for execution on Monday, Oct. 27 at 7 p.m. The death warrant was signed earlier today in Chatham County Superior Court.

Davis, whose execution has twice been halted at the last minute — most recently by the U.S. Supreme Court — appears to have exhausted his appeals. Yet evidence unearthed in the case, including the recantations of seven of nine trial witnesses, suggests that he might not have killed Savannah police officer Mark MacPhail.

Check Fresh Loaf for continuing updates. For background on Davis’ case, click here.

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Today’s Air Loaf features CL’s Mara Shalhoup and Max Arbes discussing Shalhoup’s recent cover story focusing on Georgia’s dysfunctional death penalty.

Air Loaf is broadcast weekdays on 1690 WMLB-AM at approximately 8:10 a.m., 12:20 p.m. and 6:20 p.m.

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Subscribe to the Air Loaf feed to download every new episode automatically.

(Photo of Troy Dais courtesy Georgia Department of Corrections)

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I’ve read much of today’s coverage about the U.S. Supreme Court’s deflating decision not to review the appeal of Georgia death row inmate Troy Davis — whose execution the high court halted last month, less than two hours before it was scheduled.

Davis’ case caught international attention after seven of nine trial witnesses recanted their testimony, many of them claiming police coercion. Another three people who didn’t testify later claimed that another man — one of the two who failed to recant his testimony — confessed to them that it was he who pulled the trigger on Savannah police officer Mark MacPhail.

Here’s my favorite quote so far about the high court’s decision, from a verbose but eloquent essay by CBS legal analyst Andrew Cohen:

Why the Justices turned away from a case they had sniffed at last month may forever remain a mystery. But what is perfectly clear is that Georgia has now created a virtually unassailable bar to criminal defendants whose shaky convictions are later subverted through the discovery of new evidence.

Thanks, Georgia.

For background on the case, click here.

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After giving the case intense consideration, the nation’s highest court will not hear the appeal of Georgia death row inmate Troy Davis, according to an email from Amnesty International.

Essentially, this means Davis has run out of appeals — despite the fact that seven of his nine trial witnesses have recanted their testimony. His execution date — the third in just over a year — likely will be set soon. This time, there will be little to no hope for a stay.

For background on the case, click here.

More to come …

UPDATE: The U.S. Supreme Court’s order states:

The motion of The Innocence Project for leave to file a brief as amicus curiae is granted. The petition for a writ of certiorari is denied.

Basically, the justices will not review Davis’ case (including a decision from the Georgia Supreme Court), but will allow did consider a “friend of the court” brief from the Innocence Project, the nonprofit dedicated to exonerating wrongfully convicted inmates. Apparently, the amicus brief did not sway the justices.

According to Amnesty International:

In denying Davis’ petition for a writ of certiorari, the Court has effectively ended a longstanding battle to have new evidence in Davis’ favor heard in a court of law.

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The nation’s highest court is expected to announce tomorrow whether it will hear the appeal of Georgia death row inmate Troy Davis, Savannah’s WTOC 11 reports.

If the court takes the case, Davis’ innocence claims might finally be reviewed. If not, the decision will pave the way for his execution. He’s been scheduled for execution twice in the past year — and on both occasions received a last-minute stay.

The decision is expected between the hours of 10 a.m. and noon. Stay tuned.

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Troy Davis

On Oct. 10, the U.S. Supreme Court met to decide whether to hear the appeal of Georgia death row inmate Troy Davis, whose innocence claims have generated international attention.

No word yet on whether the high court will take the case. If it does, Davis’ execution — which was delayed twice in the past year, both times within 24 hours of his scheduled death — will be put on hold.

If it doesn’t, a new execution date will be set. And Davis likely will have exhausted every possible appeal.

Check Fresh Loaf for updates — and check out our Troy Davis page, where you’ll find excerpts from the recantations of witnesses who testified against Davis at his 1991 trial, as well as a gallery and video of the grassroots movement to raise awareness about the case.

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Georgia's death chamber

Defense attorney Steve Bright, who arguably knows more about the death penalty than anyone in Georgia, likes to tell a story about former Virginia Gov. Douglas Wilder.

In the four years Wilder was the state’s top executive, he commuted only two death sentences. One was for a man named Earl Washington. On Wilder’s last day in office, Jan. 14, 1994, he signed an order that stated:

“A review of the record … demonstrate[s] that Earl Washington Jr. received a fair trial and his appeals were well represented and considered. Recently, newly discovered evidence has become available as the result of the initiatives of the Attorney General’s Office. It is clear from precedent in past cases … that there are no provisions under Virginia law whereby such newly discovered evidence can now be considered by the courts.”

The inability of the courts to consider new evidence — even in a death penalty case — troubled the governor. The hunch proved fortuitous. Eight years after Wilder commuted the sentence, DNA evidence showed that Washington was the wrong guy.

Now, a similar claim has been raised in Georgia, in the case of death row inmate Troy Davis.

For the rest of the story, click here.

Visit our multi-media Troy Davis page for updates from the U.S. Supreme Court, excerpts from the affidavits of trial witnesses who recanted their testimony, and slideshows and video of the grassroots movement to bring awareness to the case.

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Though a decision was expected today, the U.S. Supreme Court instead will meet on Friday to discuss whether to hear the 11th-hour appeal of Georgia death row inmate Troy Davis. At least that’s what the high court’s docket says.

Davis has twice seen his execution delayed — both times within hours of his scheduled death. In the 17 years since Davis was convicted of murdering Savannah police officer Mark MacPhail, his attorneys have unearthed evidence suggesting another man committed the crime. But lower courts, including the Georgia Supreme Court, have ruled that the evidence is inadmissible.

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UPDATE: U.S. Supreme Court will convene for the Davis case on Friday.

According to AJC.com, the country’s highest court needs more time to decide whether to hear the appeal of Georgia death row inmate Troy Davis. But CBS 46 reports that the U.S. Supreme Court will not intervene — which would pave the way for a new execution date.

The CBS post attributes the breaking development to CNN, though as of now, I don’t see any mention of it on CNN.com.

Davis’ case has attracted international attention because newly discovered evidence suggests that someone else killed Savannah police officer Mark MacPhail. Last week, the U.S. Supreme Court delayed Davis’ execution less than two hours before it was scheduled so that the justices could decide whether to take up his appeal. A decision was expected today.

The AJC reports:

The U.S. Supreme Court apparently needs more time to look at an appeal from death-row inmate Troy Anthony Davis, whose claims of innocence have attracted international attention.

“It’s obviously a very important case and the justices are still considering it,” Carl Tobias, a University of Richmond law professor, said. “Maybe the justices are split about it and want more time to consider it.”

It is not unusual, Tobias said, particularly given the backlog of cases appealed during the summer months, for the court to take several weeks to decide whether to hear an appeal such as Davis’.

According to CBS:

The U.S. Supreme Court said Monday that it won’t intervene in the Troy Davis murder case, according to CNN.

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Supporters and loved ones of Troy Davis marched through downtown Atlanta and rallied at Ebenezer Baptist Church September 18, 2008.

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The U.S. Supreme Court is expected to decide by next Monday whether to hear the appeal of Georgia death row inmate Troy Anthony Davis, AJC.com reports today. Last week, the high court granted Davis a stay — less than two hours before his scheduled execution — to give the justices time to decide if his innocence claims warrant further review.

According to the AJC story:

The high court’s granting the stay at such a late hour, while not unprecedented, indicates the case has the justices’ interest, court watchers said.

“The court can grant a stay and then refuse to hear a case, but they don’t issue the stay lightly,” said Thomas Goldstein, a Washington lawyer who specializes in arguing cases before the high court. “They are thinking about it hard.”

Last week’s U.S. Supreme Court order stated that if the justices opt not to hear the appeal, “this stay shall terminate automatically” — meaning Davis’ execution would again be imminent.

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Former Georgia Congressman and current Libertarian presidential nominee Bob Barr has been an outspoken supporter of Troy Davis, the death row inmate who received an eleventh-hour stay of execution from the U.S. Supreme Court yesterday.

Here’s Barr’s reaction to the stay

“While the death penalty is an important tool in our legal system, it should only be used in cases where there is absolutely no doubt of a person’s guilt. This was not the case with Troy Davis.”

“I hope the facts in Davis’ case can be reexamined in order to address the unanswered questions before once again deciding his fate. As a strong supporter of the death penalty, I do not advocate for clemency lightly.  However, in the case of Troy Davis, the broader questions of fairness and public faith in criminal justice deserved another look.”

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STAYING ALIVE: Troy Davis is alive this morning, thanks to a last-minute stay granted by the U.S. Supreme Court. The justices will reconvene Monday, and if they don’t decide to hear his case, he’s back in Georgia’s clutches.

CHECK IS IN THE BAIL: Congress is listening to growing outcries to limit Wall Street executives’ lavish salaries and perks as part of the bailout. Counters one trade lobbyist: “It is not appropriate for government to be setting the salaries of executives.” Not appropriate like, say, using taxpayer money to save a corporation from its own bad investments.

WARREN PEACE: Warren Buffet soothes the weary minds of investors by throwing in on Goldman Sachs.

FUELISH HUMANS: The 2008 Atlanta Gas Crisis! is still going strong, despite the EPA’s move to allow local stations to sell heavier-polluting fuel. The AJC interviews an Emory behavioral psychologist, who reminds us that we’re panicky nitwits.

GAS FIGHT! Society is always three meals, or one tank of gas, away from anarchy.

FLORIDA: Decides it will accept Clayton students to its colleges after all.

DEKALB PLANE CRASH: One person is killed when a plane headed from Jacksonville, Fla., to Michigan crashes in a residential neighborhood near PDK.

TYLER PERRY: The Atlanta movie mogul/maven, who was once homeless himself, donates enough food to feed 1,000 Atlanta families for two weeks, helping address the recent food-donation shortage in the city.

ZOONOTIC SUGGESTION: Advocates of relocating the National Bio- and Agro-Defense Facility to Athens contend it would foster increased scientific collaboration on treating diseases that start in animals and spread to humans, like avian flus.

BLACK MARKET: The announcement that UGA’s high-stakes showdown with No. 8 Alabama Saturday will be the blackout game has sparked the Athens economy with a black-clothes-buying frenzy.

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What was planned as a vigil instead became a celebration.

This evening, less than two hours before he was scheduled to be executed by the state of Georgia, longtime death row inmate Troy Davis was granted a stay of execution by the U.S. Supreme Court. To celebrate the eleventh hour decision, Davis supporters gathered on the western steps of the state Capitol.

“I was stunned,” says Laura Moye, deputy director of Amnesty International USA’s Southern regional office. Moye learned of the court’s decision while she was taping a radio interview. “We’d hoped for it all day. I was prepared for the worst, but I’d hoped for the best.”

On Monday, the U.S. Supreme Court’s justices are scheduled to decide whether or not to hear Davis’ case. If they refuse to hear it, the stay will end.

“The struggle is not over,” Moye says. “We at least have a little more time. Every day is a gift. We will celebrate today, we will organize tomorrow.”

(Photo by Thomas Wheatley)

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The U.S. Supreme Court has granted a stay of execution to Troy Davis — less than two hours before he was scheduled to die by lethal injection, according to Georgians for Alternatives to the Death Penalty.

This is the second time that Davis has been granted a stay less than 24 hours before his scheduled execution.

GFADP and Amnesty International will host a celebration at 6:30 p.m. at the Georgia State Capitol downtown, near the corner of MLK Drive and Washington Street.

More details to come …

UPDATE: According to CNN.com:

Troy Anthony Davis first learned that his execution had been stayed when he saw it on the news, he told CNN’s Rusty Dornin in an exclusive phone interview minutes after the stay was announced.

UPDATE: According to AJC.com:

The U.S. Supreme Court’s justices are scheduled to decide Monday whether to hear an appeal of a ruling issued in March by the Georgia Supreme Court. In that 4-3 decision, the state Supreme Court rejected Davis’ request that he be granted a new trial or a court hearing to present new evidence.

In its order, the U.S. Supreme Court said if the justices decline to accept Davis’ appeal, “this stay shall terminate immediately.” If the appeal is granted, the stay will remain in force until the high court issues its ultimate ruling on Davis’ appeal, the order said.

(Photo courtesy Georgia Department of Corrections)

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There are a bunch of events planned today for Troy Davis, the longtime death row inmate scheduled for execution tonight — despite evidence that suggests he might not have killed Savannah police officer Mark MacPhail.

Unless the U.S. Supreme Court grants a last-minute stay of execution, Davis will die by lethal injection sometime after 7 p.m. at the Georgia Diagnostic and Classification State Prison in Jackson, Ga.

Here’s the run-down of protests, organized by Georgians for Alternatives to the Death Penalty and Amnesty International:

• 1:15 p.m. — GFADP organizers and volunteers will meet at Johnny Rocket’s near Underground Atlanta (50 Upper Alabama St.) to stage a nearby “die-in.” According to the group: “This means laying down in front of a particular site as someone holds a sign explaining why people are lying down.”
• 6:30 p.m. (in Jackson) — If there is no stay of execution, protesters will gather outside the site of the execution. Get directions here.
• 6:30 p.m. (in Atlanta) — Davis’ supporters will meet at the Georgia State Capitol downtown, near the corner of MLK Drive and Washington Street, either to protest Davis’ death or celebrate a stay of execution.
• Additional protests are planned in Americus, Athens, Augusta, Clarkesville, Dawson, Marietta and Savannah. Details here.

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TROY DAVIS: Will be killed by Georgia tonight, barring a stay from the U.S. Supreme Court.

BAILOUT: What at first seemed like a tourniquet is starting to look more like a feather pillow for Wall Street, and congressional leaders are pointing out that we’ve been notoriously fooled before by this administration under guise of looming disaster.

BLAME: More Americans, by a 2-to-1 margin, blame Republicans over Democrats for the financial crisis.

STONEHENGE: British researchers determine it was a pilgrimage site for the sick.

BRIAN NICHOLS TRIAL: Is under way, with the defense portraying Nichols as lost in fantasy during his notorious 2005 killing spree, and the prosecution arguing he knew what he was doing.

GAS SHORTAGE: Ten percent of the country’s refining capacity is still down post-Ike, leading to major gasoline shortages, especially in the Southeast.

A BLEND IN NEED: The shortage here is compounded by environmental rules requiring the metro area to use a special type of gas known as “the Atlanta blend,” which includes oxygenates such as ethanol that help fuel burn more cleanly.

LARRY MUNSON: The inimitable voice of Georgia football, who has suffered from health problems in recent years, announced his immediate retirement Monday.

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The Rev. Marvin L. Morgan and Steve Woodall were arrested this evening at Gov. Sonny Perdue’s office after spending all day there attempting to speak with Perdue about the Troy Davis death penalty case.

Morgan, Woodall and Sister Pat Sullivan began their wait just after 11 a.m. The governor never responded to their request. Morgan and Woodall were arrested after the Capitol closed at 5:00 p.m. and were taken away in a squad car. Police responded with a “no comment” when asked what charges Morgan and Woodall face.

Around 4:45 p.m., police blocked me from entering the building, threatened to confiscate my camera and escorted me out.

Late today, the Georgia Supreme Court denied Davis’ request for a stay of his execution, which is set for tomorrow evening. But the U.S. Supreme Court announced that it would decide tomorrow whether to hear his appeal.

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The state Supreme Court has voted 6-1 to deny a stay of execution for convicted cop-killer Troy Davis. Davis is scheduled to die by lethal injection tomorrow. Justice Robert Benham dissented.

The stay was requested in order to allow the for the U.S. Supreme Court to rule on an appeal filed in July by Davis’ attorneys.

The Georgia Supreme Court’s decision says that the authority to grant the stay falls on the U.S. Supreme Court:

“Because the Supreme Court of the United States rather than this Court properly has jurisdiction over Davis’s pending petition … and because it appears that Davis has already filed in that Court a motion for a stay of execution, his motion for a stay of execution filed in this Court is denied.”

Writing for the majority, Chief Justice Leah Sears stated:

“I still believe that Davis is entitled to that hearing. Nevertheless, this case is currently pending before the United States Supreme Court … and jurisdiction is properly in the Supreme Court, not this Court.”

The U.S. Supreme Court had scheduled a conference for Sept. 29 — three days after Davis’ scheduled execution — to discuss whether it would consider his appeal. Now, however, a ruling is expected before tomorrow night.

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In case you missed Joeff Davis’ report earlier, the Rev. Marvin Morgan of Atlanta offered to be executed in the place of Troy Davis, who’s scheduled to die tomorrow. He and two other people have been in the governor’s waiting room since just after 11 a.m.

Here’s part of the letter he delivered to the governor’s office.

I, MARVIN L. MORGAN, DO HEREBY REQUEST THAT YOU (The State of Georgia) TAKE MY LIFE INSTEAD OF THAT OF TROY DAVIS, AND ALLOW TROY TO BE SET FREE. I AM AVAILABLE IMMEDIATELY TO BE TAKEN INTO CUSTODY SO THAT THIS REQUEST MAY BE CARRIED FORWARD.

It may be a publicity stunt, but it’s a good and honorable one.

(more…)

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Last week, Amnesty International began circulating a recorded statement from convicted cop-killer Troy Davis, who is scheduled to die by lethal injection tomorrow.

In the recording, Davis says:

I’ve been sitting on Georgia’s  death row for 16 years for a crime I did not commit. And I struggle for me and my family, as well as the victim’s family, who I sympathize with daily because they have been cheated out of justice just as I have. They deserve justice more than anyone deserves justice.

Evidence that was unearthed after Davis’ conviction of the 1989 murder of Savannah police officer Mark MacPhail suggests he might not have committed the crime.

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The Rev. Marvin Morgan, Sister Pat Sullivan and Steve Woodall showed up at Gov. Sonny Perdue’s office this morning asking to meet with the governor regarding tomorrow’s planned execution of Troy Davis.

According to Deputy Press Secretary Malli McCord, Perdue was not in his office and was unavailable by phone.

“We will let him know you stopped by,” she told the three individuals.

Despite this promise, the three decided to wait until the governor agrees to speak with them. “Our intention is to stay here until the governor comes and sees us or accepts our phone call,” the Rev. Morgan said, sitting on the couch in Perdue’s office.

Morgan presented a letter to Ms. McCord requesting that the state kill him instead of Troy Davis. Woodall has been fasting since Thursday afternoon and has camped out in front of the Atlanta Journal-Constitution building in an attempt to bring more attention to the case.

At 1:15 p.m. the three were still sitting in the governor’s office. The office closes at 5:00 p.m.

(Photo By Joeff Davis)

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Troy Anthony Davis, who is scheduled for execution tomorrow despite a heap of evidence that suggests he might be innocent, has gathered the support of former President Jimmy Carter, Nobel Peace Prize-winner Desmond Tutu, Pope Benedict XVI, the Rev. Al Sharpton, U.S. Rep. John Lewis, Libertarian presidential hopeful Bob Barr, and New York Times columnist Bob Herbert.

But his only really hope lies with the Supreme Court of Georgia, the U.S. Supreme Court, and — yeah, right — George Bush.

Yesterday’s AJC described a visit the Rev. Sharpton paid to Davis on Georgia’s death row:

“He was not overly optimistic or pessimistic,” said the Rev. Sharpton, who visited Davis … at the request of Davis’ family. “He was suprisingly upbeat. He seemed like he was depending on his faith to see him through.”

Herbert, in his Friday Times column, opined:

Putting someone to death whose guilt is uncertain is always perverted, but there’s an extra dose of perversion in this case.

The United States Supreme Court is scheduled to make a decision on whether to hear a last-ditch appeal by Mr. Davis on Sept. 29. That’s six days after the state of Georgia plans to kill him.

And this morning, NPR chimed in, quoting the Southern regional director of Amnesty International, Jared Feuer:

“Troy Anthony Davis’ case symbolizes all that is wrong with the death penalty. You have questions of improper witness handling. You have procedural obstacles that get in the way of the truth. You have issues of race and, ultimately, you have a system that can’t go back and correct its mistakes.”

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Hundreds of people marched from Woodruff Park down Auburn Avenue to the Ebenezer Baptist Church Thursday evening to protest the upcoming execution of Troy Davis. Seven of the nine witnesses who originally identified him as the killer have recanted their testimony. Chants of “We are Troy Davis” reverberated throughout the Auburn neighborhood. At Ebenezer Baptist Church, a service included speeches and prayer.

Davis’ older sister, Martina Davis Correia, described a call she had received Thursday from the president of France, who asked for more details about the case. She also alluded to the case being brought up at the United Nations Friday. But after years of fighting against her brother’s conviction, she seemed ready to face her brother’s death. “No matter what happens on the 23rd” she said, “we all win. We are going to dismantle the death penalty in Georgia.”

After the Board of Pardons and Parole refused Davis’ request for clemency last Friday, his only chance for a stay of execution is the state Supreme Court (it ruled in march 4-3 against allowing new evidence to be considered), the U.S. Supreme Court and President George Bush. Davis avoided execution last year when, less then 24 hours before he was sentenced to die, the parole board granted a stay. The demonstration Thursday ended with people joining hands and singing “We Shall Overcome.”

(Photo By Joeff Davis)

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