Washington, DC (Sept. 22, 2011) -- The death penalty is an emotional issue, of course. Strong feelings on both sides are genuine and understandable. What we know is, more than 75 percent of the death row inmates exonerated by DNA testing were convicted on the basis of eyewitness misidentification.
There was no DNA evidence in Troy Davis’ case. No murder weapon was ever found. What there was in the case was doubt, serious doubt, too much doubt to justify taking his life. Seven of the nine eyewitnesses in Mr. Davis’ case now say they were mistaken or pressured by police into identifying him. And a new witness has sworn that another individual, who was present at the crime scene, confessed to her long after the trial that he murdered Mark MacPhail. Some of the jurors now say that had the new evidence been presented at his trial they would not have convicted Troy Davis or sentenced him to death.
But doubts were not enough to convince the Georgia Board of Pardons and Paroles in such a politically charged case. Politics killed Troy Davis just as surely as the lethal poison injected in his veins. Troy Davis went to the death chamber not for something he did, but for what he represents – a failed system driven more by emotion than facts. His death makes it clear to me that the only way to prevent the execution of an innocent person in Georgia, or anywhere, is to abolish the death penalty everywhere.
Contacts
Jack King, Director of Public Affairs & Communications, (202) 465-7628 or jking@nacdl.org.
The National Association of Criminal Defense Lawyers is the preeminent organization advancing the mission of the criminal defense bar to ensure justice and due process for persons accused of crime or wrongdoing. A professional bar association founded in 1958, NACDL's many thousands of direct members in 28 countries – and 90 state, provincial and local affiliate organizations totaling up to 40,000 attorneys – include private criminal defense lawyers, public defenders, military defense counsel, law professors and judges committed to preserving fairness and promoting a rational and humane criminal legal system.
