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    Carter: Execution exposes flaws in death penalty

    ATLANTA (AP) — Strapped to a gurney in Georgia's death chamber, Troy Davis lifted his head and declared one last time that he did not kill police officer Mark MacPhail. Just a few feet away behind a glass window, MacPhail's son and brother watched in silence.

    Outside the prison, a crowd of more than 500 demonstrators cried, hugged, prayed and held candles. They represented hundreds of thousands of supporters worldwide who took up the anti-death penalty cause as Davis' final days ticked away.

    "I am innocent," Davis said moments before he was executed Wednesday night. "All I can ask ... is that you look deeper into this case so that you really can finally see the truth. I ask my family and friends to continue to fight this fight."

    Prosecutors and MacPhail's family said justice had finally been served.

    "I'm kind of numb. I can't believe that it's really happened," MacPhail's mother, Anneliese MacPhail, said in a telephone interview from her home in Columbus, Ga. "All the feelings of relief and peace I've been waiting for all these years, they will come later. I certainly do want some peace."

    She dismissed Davis' claims of innocence.

    "He's been telling himself that for 22 years. You know how it is, he can talk himself into anything."

    Former President Jimmy Carter said in a statement to The Associated Press on Thursday he hopes Davis' execution "will spur us as a nation toward the total rejection of capital punishment."

    Related: Time to get rid of "state-sponsored executions"?

    "If one of our fellow citizens can be executed with so much doubt surrounding his guilt, then the death penalty system in our country is unjust and outdated," Carter said.

    Davis was executed late Wednesday night for the 1989 murder of off-duty Savannah police officer Mark MacPhail. His supporters say he was the victim of mistaken identity, while prosecutors and MacPhail's family said justice was finally served after four years of delays..

    "If one of our fellow citizens can be executed with so much doubt surrounding his guilt, then the death penalty system in our country is unjust and outdated," said Carter, who urged Georgia's pardons board to block the execution.

    Davis was scheduled to die at 7 p.m., but the hour came and went as the U.S. Supreme Court apparently weighed the case. More than three hours later, the high court said it wouldn't intervene. The justices did not comment on their order rejecting Davis' request for a stay.

    Hundreds of thousands of people signed petitions on Davis' behalf and he had prominent supporters. His attorneys said seven of nine key witnesses against him disputed all or parts of their testimony, but state and federal judges repeatedly ruled against him — three times on Wednesday alone.

    When asked Thursday on NBC's "Today" show if he thought the state had executed an innocent man, civil rights leader the Rev. Al Sharpton said: "I believe that they did, but even beyond my belief, they clearly executed a man who had established much, much reasonable doubt."

    Officer MacPhail's widow, Joan MacPhail-Harris, said it was "a time for healing for all families."

    "I will grieve for the Davis family because now they're going to understand our pain and our hurt," she said in a telephone interview from Jackson. "My prayers go out to them. I have been praying for them all these years. And I pray there will be some peace along the way for them."

    Davis' supporters staged vigils in the U.S. and Europe, declaring "I am Troy Davis" on signs, T-shirts and the Internet. Some tried increasingly frenzied measures, urging prison workers to stay home and even posting a judge's phone number online, hoping people would press him to put a stop to the lethal injection. President Barack Obama deflected calls for him to get involved.

    "They say death row; we say hell no!" protesters shouted outside the Jackson prison before Davis was executed. In Washington, a crowd outside the Supreme Court yelled the same chant.

    As many as 700 demonstrators gathered outside the prison as a few dozen riot police stood watch, but the crowd thinned as the night wore on and the outcome became clear.

    Davis' execution had been halted three times since 2007. The U.S. Supreme Court even gave Davis an unusual opportunity to prove his innocence in a lower court last year. While the nation's top court didn't hear the case, they did set a tough standard for Davis to exonerate himself, ruling that his attorneys must "clearly establish" Davis' innocence — a higher bar to meet than prosecutors having to prove guilt. After the hearing, a lower court judge ruled in prosecutors' favor, and the justices didn't take up the case.

    His attorney Stephen Marsh said Davis would have spent part of Wednesday taking a polygraph test if pardons officials had taken his offer seriously. But they, too, said they wouldn't reconsider their decision. Georgia's governor does not have the power to grant condemned inmates clemency.

    Related: Georgia justice, by the numbers

    As his last hours ticked away, an upbeat and prayerful Davis turned down an offer for a special last meal as he met with friends, family and supporters.

    "Troy Davis has impacted the world," his sister Martina Correia said before the execution. "They say, 'I am Troy Davis,' in languages he can't speak."

    Members of Davis' family who witnessed the execution left without talking to reporters.

    Davis' supporters included Carter, Pope Benedict XVI, a former FBI director, the NAACP, several conservative figures and many celebrities, including hip-hop star Sean "P. Diddy" Combs.

    "I'm trying to bring the word to the young people: There is too much doubt," rapper Big Boi, of the Atlanta-based group Outkast, said at a church near the prison.

    At a Paris rally, many of the roughly 150 demonstrators carried signs emblazoned with Davis' face. "Everyone who looks a little bit at the case knows that there is too much doubt to execute him," Nicolas Krameyer of Amnesty International said at the protest.

    Davis was convicted in 1991 of killing MacPhail, who was working as a security guard at the time. MacPhail rushed to the aid of a homeless man who prosecutors said Davis was bashing with a handgun after asking him for a beer. Prosecutors said Davis had a smirk on his face as he shot the officer to death in a Burger King parking lot in Savannah.

    No gun was ever found, but prosecutors say shell casings were linked to an earlier shooting for which Davis was convicted.

    Witnesses placed Davis at the crime scene and identified him as the shooter, but several of them have recanted their accounts and some jurors have said they've changed their minds about his guilt. Others have claimed a man who was with Davis that night has told people he actually shot the officer.

    "Such incredibly flawed eyewitness testimony should never be the basis for an execution," Marsh said. "To execute someone under these circumstances would be unconscionable."

    The National Association for the Advancement of Colored People, which helped lead the charge to stop the execution, said it considered asking Obama to intervene, even though he cannot grant Davis clemency for a state conviction.

    Press secretary Jay Carney issued a statement saying that although Obama "has worked to ensure accuracy and fairness in the criminal justice system," it was not appropriate for him "to weigh in on specific cases like this one, which is a state prosecution."

    Dozens of protesters outside the White House called on the president to step in, and about 12 were arrested for disobeying police orders.

    Davis was not the only U.S. inmate put to death Wednesday evening. In Texas, white supremacist gang member Lawrence Russell Brewer was put to death for the 1998 dragging death of a black man, James Byrd Jr., one of the most notorious hate crime murders in recent U.S. history.

    On Thursday, Alabama is scheduled to execute Derrick Mason, who was convicted in the 1994 shooting death of convenience store clerk Angela Cagle.

    ___

    Associated Press reporters Russ Bynum in Savannah, Ga.; Kate Brumback and Marina Hutchinson in Jackson, Ga.; Eric Tucker and Erica Werner in Washington and Sohrab Monemi in Paris contributed to this report.

    ___

    Follow Bluestein at http://www.twitter.com/bluestein.

     

    979 comments

    • Same same  •  8 mths ago
      To a liberal a conviction is not a conviction?
      • Calvin D 8 mths ago
        not if it was WRONG. and its not about liberalism. stop making this about politics. it has to do with human rights. if only conservatives and liberals could put their differences behind them and just DO WHATS RIGHT.
      • Same same 8 mths ago
        You mean "DO what's right by your standards?" Liberal.
    • NunYaBidnez  •  8 mths ago
      How well did Twanna Brawley case work out for the right Rev. Al Sharpton? Try to get the facts first.
      • Ruth 8 mths ago
        One can't prove what really happened, but you know very well that the powerful rarely have to pay for their abuses. Apparently she still claims she did not make it up.
      • rayD8 8 mths ago
        Sharpton needs to crawl into a crevice and never be heard from a again. I hear his name and all I want to do is spit. He shouldn't represent a black, white, or purple person, murderer, or angel. PS - this is coming from some one black.
      • A Yahoo! User 8 mths ago
        I agree Ray and Im white..........
    • SAM H  •  8 mths ago
      Only two of the seven recanted stories were anywhere near credible, and they still implicated him. Where the seven of nine came from is a mystery. There were 34 witnesses against him.
      • Angry old Man 8 mths ago
        "Where the seven of nine came from is a mystery" you ask - - .-
        Star Trek, I answer!
        And if you don't know what I mean, you're too young to make any comment on this page!
    • John  •  8 mths ago
      Lest we forget the Supreme Court unanimously rejected his appeal for a stay of execution without out comment.
      • Brenda Davis 8 mths ago
        So that implies:NO BECAUES WE SAID NO no matter what the evidence.
      • William Johnson 8 mths ago
        The evidence that the black murderer was innocent was nonexistant...He is dead...good ridance.
    • jtWallace  •  8 mths ago
      Oh the drama! Judging from the photos, Jackson and Sharpton once again come out of their caves to be seen and heard. The community has a photographer staked out as they begin their show. While he shoots, they get down!
    • thomas d  •  8 mths ago
      While Davis and his supporters managed to throw much doubt PUBLICALLY on his guilt when it came time for Davis to establish his innocence in a courtroom before a jury or in any of the many appellate courts that reheard his case he was found GUILTY beyond a reasonable doubt. His case was heard and reheard by many different judicial bodies and the verdict remained GUILTY. Trying to suggest that a verdict should be set aside simply because his international supporters can run an effective media campaign for a killer they find attractive is a very European approach to justice. This is America....we require a jury to hear EVIDENCE to decide and once decided we require a clear and unequivical reason to set aside that jurie's verdict. No such evidence was presented. Case closed.
      • Comandante 8 mths ago
        what evidence!!!! its all circumstantial no gun no dna and recanted testimony eyewitness testimony is KNOWWWWWN to be very very inaccurate and the worst kind of so called evidence. we shouldnt have the death penalty in the first place murdering people as a punishment for murder is the definition of insanity. grow up and realize that america isnt much better than nazi germany!
      • thomas d 8 mths ago
        One witness that testified recanted their testimony. Other then that ALL the other evidence presented at trail consitantly supported the jury finding him GUILTY AS CHARGED. His defense staff even got an additional opportunity to establish his innocence and used it in a futile attempt to impeach other testimony which they were unable to do. Carter has a lot of nerve inserting himself into this debate since Davis was executed under the 1973 reinstatement of the death penalty in Georgia which bears Jimmy Carter's signature when he was governor. I guess it was good politics then huh Jimmy.
    • A Yahoo! User  •  8 mths ago
      If Carter had his way, the lions(felons) would lay down with the sheep(law-abiding citizens). Problem is, when they got hungry again they would devour the sheep. Society should not tolerate those that operate outside of accepted norms in a democracy such as ours with so many freedoms. There should be many more executions to rid the burden of the taxpayer from having to support the degenerate, anti-social predators.
    • cool d  •  8 mths ago
      LOL its the kettle calling the pot black
    • KenM  •  8 mths ago
      If ever a "peanut gallery" ... giving press to this senile burden to the Country is good for only one thing, birdcage lining.
    • BobC  •  8 mths ago
      What's with the injection #$%$ they should have strapped him in a chair and cooked the cop killing sc_mb_g. Make his eyes pop out of his skull with a few thousand volts of electricity.
    • ~CAD~  •  8 mths ago
      According to prosecutors, Davis was at a pool party in Savannah when he shot a man, Michael Cooper, wounding him in the face. He then went to a nearby convenience store, where he pistol-whipped a homeless man, Larry Young, who'd just bought a beer, according to accounts of the case.
      Prosecutors said MacPhail rushed to the scene to help, but Davis shot him three times. They said Davis shot the officer once in the face as he stood over him.
      A jury convicted Davis on two counts of aggravated assault and one count each of possessing a firearm during a crime, obstructing a law enforcement officer and murder. The murder charge led to the death sentence.
      Anneliese MacPhail said earlier this week that she didn't begrudge protesters their opinions. But she said they don't understand the facts of the case.
      "To them the point is the death penalty. Ninety-nine percent have absolutely no idea who Troy Davis is or who Mark MacPhail was," she said. "They're just following their belief."

      EXHIBIT A - JIMMY CARTER
    • tatertot  •  8 mths ago
      Mr. Davis is the only one who really knew if he was guilty. I understand wanting revenge and having the death penalty in place, but does that make it right? Executing someone is murder. Convicted murders should be kept behind bars for the rest of their lives with no chance of parole. For you good "Christians" out there, the commandment is "Thou shalt not kill"...I don't believe there are any exceptions to it.
    • ancient  •  8 mths ago
      carter is a fatal flaw.
    • schmee  •  8 mths ago
      There is no honor in this,something bad had to be done we should not glory in this but justice has been served
    • Mel  •  8 mths ago
      Davis was convicted in the shooting of another man on the same day MacPhail was shot. That conviction has never been disputed. But, the gun that fired the shots in both crimes was never recovered.

      "There is ballistic evidence based upon the cartridges fired from the gun," Lawton said. "The cartridges match."
    • Calvin D  •  8 mths ago
      all i hear from conservatives are "he deserved it", "we should kill MORE prisoners", and "its obamas fault". that and lots of #$%$ about liberals. why dont we just stop arguing and just do whats right for once? if a man is convicted, the case is clear, and he did some things that indicate that he is a threat to himself and the community, then yes, he probably should be executed. if a man is a serial killer and he did some horrible things, raped killed, cannibalism, etc then yes, he probably should not be held in an institution that he could escape from and continue his evils. but if there is even a SLIVER of doubt, he should be held in a prison. too many cases where innocent men have been executed and where information is recanted and/or falsified indicate that we should abide by our legal system and continue giving all prisoners the right to life. honestly, i dont get conservatives who fight for the right for an unborn fetus, who may or may not grow up to be a serial killer or something equally terrible, but then will be so apt to killing a grown man that may or may not have been framed or a victim of circumstance. isnt it enough to put a man behind bars for life? i am also against abortions, btw. so i am NOT some liberal robot just spewing rhetoric. this is my opinion. everyone has the right to life. even prisoners. UNLESS that prisoner is jeffrey dahmer or ted bundy and the likes. then that person is deemed unfit for society and is put to death. we should also look into carbon monoxide executions. were treating these prisoners like they are animals and putting them down like stray cats and dogs. we as human beings are above that. regardless of how horrible a person is, they still deserve a proper death. if rick perry and joe arpaio had their way, every prisoner of every crime would be slowly tortured and killed in the most inhumane ways possible. the system is NOT perfect. lets understand this and be the better men and women.
    • AC  •  8 mths ago
      Was anyone marching or holding a vigil for the slain police officer or his family?! Why does it seam like everyone thinks the criminal get the end of the stick with something on it? What about the dead policemans right to live?
    • Michael  •  8 mths ago
      Lemme see. Prior to the murder Davis was arrested for a concealed .38 with altered serial numbers. Plea dealed that. Stated he owned another .38 'That he loaned to someone prior to the cop shooting. I believe it. Shot at a car earlier that evening and wounded a man in the face leaving .38 shell cases at the scene. The guy he was with that night says Davis shot the cop but later during this 22 year appeals #$%$ changed his story along with a bunch of others. Shell cases found at the murder scene matched the cases found where the man was shot in the jaw and they were.38's; did I mention that Davis had owned two of those that we know of during the 20 years of his life at the time of the shooting. Did this case go all the way up to the Supreme Court and not just once. Why aren't we out looking for those "cocaine dealers" that murdered Nicole Simpson instead of wasting time with this?
    • luv my clunker  •  8 mths ago
      ...he is sooooo desperate to stay in the news....His ego can't come to terms with the fact that he's an afterthought....nobody cares what you think Jimmy.....
    • Stan  •  8 mths ago
      Davis shot another man in the face the same day.
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