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September 23, 2008
Supreme Court stays planned Georgia execution of Troy Davis
As detailed here at SCOTUSblog, Tuesday afternoon the "Supreme Court blocked the scheduled execution Tuesday evening in Georgia of Troy Anthony Davis, giving itself time to consider his appeal challenging his conviction for the murder of an off-duty police officer in Savannah. This article from the Atlanta Journal-Constitution provides some of the dramatic personal back-story in this closely-watched case:
Davis’ family and supporters, who for years have pressed for a new trial on claims Davis is innocent, broke into tears and song when they learned the high court had at least temporarily postponed the execution. “I’ve been praying for this moment forever,” said Davis’s sister and most outspoken proponent, Martina Correia. Davis’ mother, Virginia Davis, said God had answered their prayers.
Just a few hours earlier, the mother and sister had given Davis what they thought could be their final good-byes at the Georgia Diagnostic and Classification Prison in Jackson. Davis, 39, sits on death row for the Aug. 19, 1989, killing of Savannah Police Officer Mark Allen MacPhail. He was scheduled to be executed at 7 p.m.
Annelie Reaves, MacPhail’s sister, said the victim’s family was furious but would wait for the execution to be rescheduled. “It should have happened today,” she said, “but justice will be served.” At least two members of MacPhail’s family were to witness the execution, and they will return when the execution is rescheduled, Reaves said. In response to Davis’ hope that the real killer will be found, the officer’s family and friends all laughed. “He knows who the killer is,” Reaves said of Davis.
September 23, 2008 at 07:59 PM | Permalink
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The irresponsibility of the Supreme Court when it comes to death cases knows no bounds. Iron-clad Supreme Court caselaw has noted the strong interest a state has in carrying out its judgment after the condemned has had a full round of appeals. How many times does this guy get to litigate?
Posted by: | Sep 23, 2008 8:23:48 PM
...or does fault lie instead with the Georgia superior court judge who less than three weeks ago signed the execution warrant, despite knowing full well there was a pending petition for cert to Scotus?
Posted by: d | Sep 23, 2008 9:44:31 PM
d--the state has the right to execute after the full habeas round. Period. There's no blaming the state here.
Posted by: | Sep 23, 2008 10:06:22 PM
Of course the state has the right. But that wasn't precisely the issue raised by the first power's comment. If the state didn't want its execution date to be disturbed, it could have held off while there was a pending cert petition to review a 4-3 state supreme court decision. Anyway, it's a minor point; we'll see what happens when Scotus makes its cert decisions next week.
Posted by: d | Sep 23, 2008 10:47:51 PM
No less a bloodthirsty leech than Kent Shiddengger (sp) can't even bring himself to really complain about this move (or at least as quoted in the NYT piece). Man, if Kent thinks you've got a good innocence claim, then you've got one hell of a claim.
Although, who know? Roberts will probably grant cert and then the court will hold 5-4 that it's not unconstitutional to execute an innocent man.
Posted by: Anon | Sep 23, 2008 10:52:47 PM
The mindset that is able to justify the taking of life on procedural grounds, regardless of subsequent significant recantation of "evidence" that helped convict, is as shallow as many of the justifications given for the death penalty in general. The Supreme Court was clearly right to impose a Stay, and will be equally right to accept his appeal of innocence for further consideration on Monday.
Posted by: peter | Sep 24, 2008 5:57:52 AM
"The irresponsibility of the Supreme Court when it comes to death cases knows no bounds."
If you don't like it, change the constitution. Alas, you can't get people to support your position.
"Iron-clad Supreme Court caselaw has noted the strong interest a state has in carrying out its judgment after the condemned has had a full round of appeals."
Sure, the state has an interest in killing people. I have an interest in watching the state kill people. But the state also has an interest in killing people in secret to avoid public scrutiny. But that doesn't mean one interest must yield to another.
"How many times does this guy get to litigate?"
As many as the true Americans say he does. Non-lawyers are really not going to make this decision for us.
Posted by: S.cotus | Sep 24, 2008 7:31:53 AM
As many as the true Americans say he does. Non-lawyers are really not going to make this decision for us.
Please explain who the true Americans and us are. Am I a true American according to your definition, whatever that is? Am I one of us?
Posted by: babalu | Sep 24, 2008 10:21:51 AM
true americans = lawyers, if I'm following the schtick correctly.
Posted by: | Sep 24, 2008 11:03:23 AM
WILL PRO LIFE US SUPREME COURT JUDGES ALLOW AN EXECUTION OF A POSSIBLE INNOCENT AMERICAN ???
SENATOR OBAMA PLEASE LET THE AMERICAN VOTERS KNOW YOUR FEELINGS AND THOUGHTS ABOUT AMERICA’S FUTURE REPAIR AND RENOVATION OF A BROKEN JUDICIAL SYSTEM THAT CONTINUES TO ALLOW THE EXECUTION OF EVEN POSSIBLE INNOCENT AMERICAN’S LIKE TROY DAVIS OF GEORGIA ?????
BEING THE WEALTHIEST COUNTRY IN THE WORLD SENATOR OBAMA, DON'T WE NEED AS THE LEADERS OF THE FREE WORLD TO BEGIN ONCE AGAIN TO RE-INVEST THE PROPER MONIE$ IN OUR OWN US JUDICIAL SYSTEM, ASSURING ALL OF OUR CITIZENS THEIR RIGHTS TO FAIR TRIALS WITH PROPER LEGAL REPRESENTATION ??
SADLY SENATOR OBAMA,ANOTHER POSSIBLE innocent poorer black american ALSO NEEDS YOUR SUPPORT FOR JUSTICE AND REASON ??? DOES GOD NEED TO LOBBY OUR US CONGRESSIONAL LEADERS OF THE FREE WORLD ON BEHALF OF OUR poorer american’s SENATOR OBAMA,OR ARE YOU WATCHING OUT FOR THEM ??
***SURELY OUR US CONGRESS & US SUPREME COURT BOTH KNOW THE DIFFERENCE BETWEEN A STATE MURDER OF troy davis IN GEORGIA, OR A POSSIBLE EXECUTION OF troy davis IN GEORGIA ???
OUR US CONGRESSIONAL LEADERS OF THE FREE WORLD CONTINUE TO DENY MIDDLE CLASS AND WORKING POOR AMERICANS PROPER LEGAL REPRESENTATION EVEN THOUGH WRONGFUL EXECUTIONS & FALSE INCARCERATIONS CONTINUE ALL ACROSS AMERICA ???
*** 700 BILLION $$$ AVAILABLE FOR US BAILOUT, & NO $$$ FOR ALL POORER AMERICANS PROPER LEGAL REPRESENTATION ???????
WHERE ARE AMERICA ‘S RELIGIOUS LEADERS ??????????
SENATOR OBAMA, THIS JUDICIAL INJUSTICE HAS BECOME AN AMERICAN ART FORM, AND NO LONGER CAN BE KEPT HIDDEN OR SECRET FROM THE AMERICAN PEOPLE EVEN IF CERTAIN (501c3) U$ RELIGIOU$ LEADER$ HAVE BEEN $ILENCED ?
LETS ALL HOPE OUR MEDIA FRIENDS CONTINUE TO SHOW AN INTEREST IN REPORTING ON THIS AMERICAN HORROR FACING THESE (TENS OF THOUSANDS) FORGOTTEN AND TRAPPED POORER AMERICANS, AND HOW THIS PRESIDENTIAL CONTENDER HANDLES THIS VERY SERIOUS ISSUE FACING AMERICA’S LATINO AND BLACK AMERICAN COMMUNITIES ?
WITH 80% OF THE BLACK AMERICAN VOTERS SAYING THEY SUPPORT SENATOR OBAMA IN THIS PRESIDENTIAL ELECTION, IT IS ONLY FAIR FOR EVERYONE TO KNOW PRIOR BEING ELECTED OUR NEXT PRESIDENT OF THE UNITED STATES HOW THIS DEMOCRATIC SENATOR TRULY FEELS ABOUT THIS AMERICAN JUDICIAL INJUSTICE CONTINUING TO INFLICT GRAVE HARM ON THE BLACK & LATINO AMERICAN FAMILIES AND THEIR COMMUNITIES NATIONWIDE ?
*** WHEN GOD’S FACE BECAME VERY RED *** THE US SUPREME COURT GAVE ENEMY COMBATANTS FEDERAL APPEAL HC RIGHTS LAWYERS AND PROPER ACCESS TO US FEDERAL COURTS,AND POORER AMERICANS (MANY EVEN ON DEATH ROW) ARE DENIED PROPER FEDERAL APPEAL LEGAL REPRESENTATION TO OUR US FEDERAL COURTS OF APPEAL, AND ROTTING IN AMERICAN PRISONS NATIONWIDE ?????????
**** INNOCENT AMERICANS ARE DENIED REAL HC RIGHTS WITH THEIR FEDERAL APPEALS ! THE AMERICAN PEOPLE ARE $LOWLY FINDING OUT HOW EA$Y IT I$ FOR MIDDLE CLA$$ AND WORKING POOR AMERICAN$ TO FALL VICTIM TO OUR U$ MONETARY JUDICIAL $Y$TEM.
****WHEN THE US INNOCENT WERE ABANDONED BY THE GUILTY **** The prison experts have reported that there are 100,000 innocent Americans currently being falsely imprisoned along with the 2,300,000 total US prison population nationwide.
Since our US Congress has never afforded poor prison inmates federal appeal legal counsel for their federal retrials,they have effectively closed the doors on these tens of thousands of innocent citizens ever being capable of possibly exonerating themselves to regain their freedom through being granted new retrials.
This same exact unjust situation was happening in our Southern States when poor and mostly uneducated Black Americans were being falsely imprisoned for endless decades without the needed educational skills to properly submit their own written federal trial appeals.
This devious and deceptive judicial process of making our poor and innocent prison inmates formulate and write their own federal appeal legal cases for possible retrials on their state criminal cases,is still in effect today even though everyone in our US judicial system knows that without proper legal representation, these tens of thousands of innocent prison inmates will be denied their rightful opportunities of ever being granted new trials from our federal appeal judges !!
Sadly, the true US *legal* Federal Appeal situation that occurs when any of our uneducated American prison inmates are forced to attempt to submit their own written Federal Appeals (from our prisons nationwide) without the assistance of proper legal counsel, is that they all are in reality being denied their legitimate rights for Habeas Corpus with our US FEDERAL COURTS and will win any future Supreme Court Case concerning this injustice !
For our judicial system and our US Congressional Leaders Of The Free World to continue to pretend that this is a real and fair opportunity for our American Middle Class and Working Poor Citizens, only delays the very needed future change of Federal Financing of all these Federal appeals becoming a normal formula of Our American judicial system.
It was not so very long ago that Public Defenders became a Reality in this country.Prior that legal reality taking place, their were also some who thought giving anyone charged with a crime a free lawyer was a waste of taxpayer$$.
This FACADE and HORROR of our Federal Appeal proce$$ is not worthy of the Greatest Country In The World! ***GREAT SOCIETIES THAT DO NOT PROTECT EVEN THEIR INNOCENT, BECOME THE GUILTY !
A MUST READ ABOUT AMERICAN INJUSTICE:
1) YAHOO 2) GOOGLE MANNY GONZALES THE KID THAT EVERYONE FORGOT IN THE CA PRISON SYSTEM.
** A JUDICIAL RIDE OF ONES LIFE !
[email protected] (424-247-2013)
Posted by: DOUGLAS FIELD | Oct 14, 2008 8:44:27 AM
TROY DAVIS,PLEASE REMEMBER THAT AMERICA IS NOT THE OLD SOUTH ~ AFRICA !!!
A $TATE ECONOMIC BOYCOTT OF GEORGIA INTERNATIONALLY WILL OBVIOU$LY BE THE END RE$ULT OF GEORGIA DECIDING TO MURDER A PO$$IBLE INNOCENT TROY DAVI$ WITHOUT A NEW AND FAIR TRIAL ?
US CONGRESSIONAL MEMBERS WHO ARE ALSO LAWYERS BY TRADE, CONTINUE TO DENY poorer AMERICAN'S PROPER LEGAL REPRESENTATION !!!
THE INTERNATIONAL COMMUNITY NEEDS TO BEGIN A FORMAL INVESTIGATION INTO THESE US CONGRESSIONAL CRIMES AGAINST HUMANITY, AND HUMAN RIGHTS VIOLATIONS BEING INFLICTED ON poorer AMERICAN'S LIKE MR.TROY DAVIS OF GEORGIA !!!
HAVING BEEN DENIED APPEAL LAWYERS FOR THREE YEARS ON DEATH ROW IN GEORGIA MR. TROY DAVIS IS NOW BEING EXECUTED FOR A CRIME HE MIGHT NOT HAVE EVEN BEEN INVOLVED WITH !!!
SENATOR OBAMA PLEASE LET THIS COUNTRIES VOTERS KNOW YOUR FEELINGS AND THOUGHTS ABOUT A NEEDED FUTURE REPAIR AND RENOVATION OF OUR BROKEN JUDICIAL SYSTEM THAT CONTINUES TO ALLOW THE EXECUTION'S OF EVEN POSSIBLE INNOCENT AMERICAN’S LIKE TROY DAVIS OF GEORGIA ?????
BEING THE WEALTHIEST COUNTRY IN THE WORLD SENATOR OBAMA, DON'T WE NEED AS THE LEADERS OF THE FREE WORLD TO BEGIN ONCE AGAIN TO RE-INVEST THE PROPER MONIE$ IN OUR OWN US JUDICIAL SYSTEM, ASSURING ALL OF OUR CITIZENS THEIR RIGHTS TO FAIR TRIALS WITH PROPER LEGAL REPRESENTATION ???
DOES GOD NEED TO LOBBY OUR US CONGRESSIONAL LEADERS OF THE FREE WORLD ON BEHALF OF OUR poorer american’s SENATOR OBAMA,OR ARE YOU WATCHING OUT FOR THEM ??
***OUR US CONGRESS CONTINUES TO DENY MIDDLE CLASS AND WORKING POOR AMERICANS PROPER LEGAL REPRESENTATION EVEN THOUGH WRONGFUL EXECUTIONS & FALSE INCARCERATIONS CONTINUE ALL ACROSS AMERICA ???
*** 700 BILLION $$$ AVAILABLE FOR US BAILOUT, & NO $$$ FOR ALL POORER AMERICANS PROPER LEGAL REPRESENTATION ? SENATOR OBAMA, THIS JUDICIAL INJUSTICE HAS BECOME AN AMERICAN ART FORM, AND NO LONGER CAN BE KEPT HIDDEN OR SECRET FROM THE AMERICAN PEOPLE EVEN IF CERTAIN (501c3) U$ RELIGIOU$ LEADER$ HAVE BEEN $ILENCED ??
LETS ALL HOPE OUR MEDIA FRIENDS CONTINUE TO SHOW AN INTEREST IN REPORTING ON THIS AMERICAN HORROR FACING THESE (TENS OF THOUSANDS) FORGOTTEN AND TRAPPED POORER AMERICANS, AND HOW THIS PRESIDENTIAL CONTENDER HANDLES THIS VERY SERIOUS ISSUE FACING AMERICA’S LATINO AND BLACK AMERICAN COMMUNITIES ????
WITH 80% OF THE BLACK AMERICAN VOTERS SAYING THEY SUPPORT SENATOR OBAMA IN THIS PRESIDENTIAL ELECTION, IT IS ONLY FAIR FOR EVERYONE TO KNOW PRIOR BEING ELECTED OUR NEXT PRESIDENT OF THE UNITED STATES HOW THIS DEMOCRATIC SENATOR TRULY FEELS ABOUT THIS AMERICAN JUDICIAL INJUSTICE CONTINUING TO INFLICT GRAVE HARM ON THE BLACK & LATINO AMERICAN FAMILIES AND THEIR COMMUNITIES NATIONWIDE ??????
*** WHEN GOD’S FACE BECAME VERY RED *** THE US SUPREME COURT GAVE ENEMY COMBATANTS FEDERAL APPEAL HC RIGHTS LAWYERS AND PROPER ACCESS TO US FEDERAL COURTS,AND POORER AMERICANS (MANY EVEN ON DEATH ROW) ARE DENIED PROPER FEDERAL APPEAL LEGAL REPRESENTATION TO OUR US FEDERAL COURTS OF APPEAL, AND ROTTING IN AMERICAN PRISONS NATIONWIDE ?????????
**** INNOCENT AMERICANS ARE DENIED REAL HC RIGHTS WITH THEIR FEDERAL APPEALS ! THE AMERICAN PEOPLE ARE $LOWLY FINDING OUT HOW EA$Y IT I$ FOR MIDDLE CLA$$ AND WORKING POOR AMERICAN$ TO FALL VICTIM TO OUR U$ MONETARY JUDICIAL $Y$TEM.
****WHEN THE US INNOCENT WERE ABANDONED BY THE GUILTY **** The prison experts have reported that there are 100,000 innocent Americans currently being falsely imprisoned along with the 2,300,000 total US prison population nationwide.
***WHERE ARE AMERICA'S RELIGIOUS LEADERS ??????? Since our US Congress has never afforded poor prison inmates federal appeal legal counsel for their federal retrials,they have effectively closed the doors on these tens of thousands of innocent citizens ever being capable of possibly exonerating themselves to regain their freedom through being granted new retrials.
This same exact unjust situation was happening in our Southern States when poor and mostly uneducated Black Americans were being falsely imprisoned for endless decades without the needed educational skills to properly submit their own written federal trial appeals.
This devious and deceptive judicial process of making our poor and innocent prison inmates formulate and write their own federal appeal legal cases for possible retrials on their state criminal cases,is still in effect today even though everyone in our US judicial system knows that without proper legal representation, these tens of thousands of innocent prison inmates will be denied their rightful opportunities of ever being granted new trials from our federal appeal judges!!
Sadly, the true US *legal* Federal Appeal situation that occurs when any of our uneducated American prison inmates are forced to attempt to submit their own written Federal Appeals (from our prisons nationwide) without the assistance of proper legal counsel, is that they all are in reality being denied their legitimate rights for Habeas Corpus with our US FEDERAL COURTS and will win any future Supreme Court Case concerning this injustice!
For our judicial system and our US Congressional Leaders Of The Free World to continue to pretend that this is a real and fair opportunity for our American Middle Class and Working Poor Citizens, only delays the very needed future change of Federal Financing of all these Federal appeals becoming a normal formula of Our American judicial system.
It was not so very long ago that Public Defenders became a Reality in this country.Prior that legal reality taking place, their were also some who thought giving anyone charged with a crime a free lawyer was a waste of taxpayers $$.
This FACADE and HORROR of our Federal Appeal proce$$ is not worthy of the Greatest Country In The World! ***GREAT SOCIETIES THAT DO NOT PROTECT EVEN THEIR INNOCENT, BECOME THE GUILTY !
A MUST READ ABOUT AMERICAN INJUSTICE:
1) YAHOO 2) GOOGLE
(MANNY GONZALES THE KID THAT EVERYONE FORGOT IN THE CA PRISON SYSTEM.)
** A JUDICIAL RIDE OF ONES LIFE !
***Someone please tell our US Congress that the GED degree that Manny Gonzales acquired in prison is not a LAW DEGREE !!!!!!
[email protected] (424-247-2013)
Posted by: DOUGLAS FIELD | Oct 28, 2008 9:06:01 PM
WILL THIS DEMOCRATIC US CONGRESS INVESTIGATE AND CORRECT THESE JUDICIAL INJUSTICES BEING INFLICTED ON OUR POORER AMERICAN'S ???
THIS IS ONLY THE TIP OF THE ICEBERG OF OUR UNDERFUNDED JUDICIAL SYSTEM THAT NEEDS...C*H*A*N*G*E.......
**** GOD'S HAND IS INVOLVED IN THIS ONE ****
WHEN THIS HORROR IS PROVEN TO BE A TRUE EVENT AFFECTING THE POSSIBLE ENSLAVEMENT OF 2,500 POORER AMERICAN'S, THEN ALL OF AMERICA WILL BE AWARE THAT THIS SAME EXACT TREATMENT OF OUR POORER CITIZENS NEEDS A FORMAL US CONGRESSIONAL AND JUSTICE DEPARTMENT INVESTIGATION NATIONWIDE !!!
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Posted on October 31, 2008 by Gideon
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I’m a little late on writing about this story (via several sources), but it sure is a doozy.
You know how it’s common knowlege that most appeals aren’t successful? Well, if you were a pro-se petitioner in Louisiana for the last 13 years, you knew that you wouldn’t win. Why is that? Because the Chief Judge of their Court of Appeals directed his clerk to summarily deny all appeals from pro-se petitioners without circulating the appeal to other judges.
The clerk, ridden with guilt, committed suicide earlier this year and left a note confessing everything.
This immoral and apparently illegal policy was in place until Jerrold Peterson, the staffer charged with implementing it, blew his brains out in May of last year. Peterson was driven to it in part, his suicide note suggested, by guilt over the nefarious tasks the judges made him perform.
In his note Peterson explained how the court gave indigent appellants the bum’s rush.
Although every criminal writ application is supposed to be reviewed by three judges, he was deputed to winnow out any that had been filed pro se and arrange for their automatic rejection.
Thus were an estimated 2,500 appeals deep-sixed without any judicial consideration whatsoever.
Now, facing public embarassment and possible ethical violations, the Louisiana Supreme Court has stepped in and asked…get this…the same appellate court to look at the appeals again. Note that they did not ask the Court to conduct an investigation into this practice, but simply to consider those appeals that were so summarily denied.
Because, if we placate the defendants with another cursory look at their appeals, we can sweep the ethical violations under the carpet.
At first this whole thing seemed rather odd to me. After all, how is this even possible? Here’s how:
Edward Dufresne, Chief Judge of the Fifth Circuit, took charge of pro se appeals in 1994. He then had Peterson prepare rulings denying writs for all of them and signed off “without so much as a glance,” according to the suicide note. “No judge ever saw the writ application before the ruling was prepared by me,” Peterson wrote in a second suicide note to the Judiciary Commission.
The rulings also bore the names, though not the signatures, of judges Marion Edwards and Wally Rothschild. Neither Edwards nor Rothschild had any clue as to what was in the applications, or even knew that they had been filed, according to Peterson.
So you’ve got one complicit judge and maybe three. But there are 5 more on that court. What of them? Are we to really believe that these 5 (or 7) other judges never once questioned the stark absence of pro-se appeals? Particularly in Louisiana, whose system has the following characteristics:
* About 90 percent of criminal defendants in Louisiana are indigent.
* Louisiana only provides post-conviction legal aid in death penalty cases. Everyone else must either hire a lawyer, find a lawyer to handle their case pro bono, or handle the appeal themselves. Obviously, most have no choice but to opt for the latter.
* One criminal defense lawyer in Louisiana told me that if you’re convicted of murder in Louisiana and you’re innocent, you’re actually better off getting the death penalty. At least then you’ll get a team of lawyers, investigators, and experts to help with your appeal.
This from a state whose criminal justice system was already crumbling. It’s hard to believe that people such as Judge Dufresne take an oath to uphold the law and to prove equal protection under it. Disbarment may be enough, but only barely.
Justice delayed is no justice at all.
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THE SMOKING GUN LINK TO AMERICA'S JUDICIAL INJUSTICES BEING INFLICTED ON POORER AMERICAN'S !
*********************************************************** http://www.nola.com/timespic/stories/index.ssf?/base/news-0/1223616107256210.xml&coll=1
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Posted by: DOUGLAS FIELD | Nov 7, 2008 12:02:26 AM
AND GEORGIA WANTS TO EXECUTE TROY DAVIS ???
MOST ALL AMERICAN'S KNOW THE DIFFERENCE BETWEEN A STATE MURDER IN GEORGIA, AND A JUDICIAL EXECUTION IN GEORGIA !!!
WILL MILLIONS OF CARING AMERICAN'S AND INTERNATIONAL CITIZENS AVOID GIVING THE STATE OF GEORGIA ANY FUTURE BUSINE$$ IF A 3YR. BOYCOTT TAKES PLACE OVER THIS STATE NOT EVEN OFFERING JUSTICE WITH A NEW LEGITIMATE CRIMINAL TRIAL FOR MR.TROY DAVIS? IT'S BEEN SAID BY MANY THAT A THREE YEAR INTERNATIONAL BOYCOTT OF THIS STATE MIGHT VERY WELL COST IT TENS OF MILLION$ WHERE A NEW AND FAIR TRIAL OF TROY DAVIS MIGHT COST THE STATE ONLY $100,000.
**** A SPECIAL FEDERAL TASK FORCE MADE UP OF INVESTIGATORS AND LAWYERS DESIGNED TO VERIFY EVERY ASPECT OF THE 3,300 VARIOUS DEATH ROW LEGAL CASES NATIONWIDE,IS OUR COUNTRIES ONLY REAL METHOD TO MAKE SURE WE DO NOT ALLOW STATES LIKE GEORGIA TO CONTINUE ATTEMPTING TO MURDER POSSIBLE INNOCENT POORER AMERICAN'S LIKE MR.TROY DAVIS!
*** FOR THOSE MILLIONS OF AMERICAN'S WHO BELIEVE IN GOD, WE ALL HAVE TO WONDER IN TOTAL AMAZEMENT, HOW OUR AMERICAN RELIGIOUS LEADERS HAVE ALLOWED THIS HORROR TO CONTINUE WRONGFULLY EXECUTING AND INCARCERATING INNOCENT AMERICAN'S ALL ACROSS OUR COUNTRY ???
[email protected](424-247-2013)
*************************************************************************************************************************************************************************
AMERICA'S GREAT LIE
by Gerry Spence
The idea that we should furnish the poor with a public defender has been an effort to save our nation from shame – for sending the poor to prison without adequate representation. But today the nation’s public defender system has become a mockery of justice.
To provide an accused with a public defender who has three hundred other cases to defend is simply to laugh in the face of both justice and the accused himself. It takes me months to prepare the average criminal case for trial. The trial itself can take weeks, even months.
While O.J. Simpson was being tried in Los Angeles for murder, a case that cost millions to defend and months to conclude, another black man was being tried in the same courthouse for a similar murder. It took only three days for a jury to find him guilty. He had a public defender with scores of other cases to defend. Many prosecutors boast that they have over a 90 percent conviction rate. Little wonder. Under the present public defender system the prosecutors should enjoy one hundred percent convictions, and many in fact approach perfect conviction rates.
The public defenders in seven states have finally refused to take on any new cases. It’s about time. If I walked into court to defend my client and had never talked him, never previously opened his file, never discovered the witnesses against him, much less interviewed them, never reviewed the evidence in the hands of the prosecution, never demanded my clients rights to discovery, never read the cases relevant to the case at hand, never prepared the cross examination of the witnesses against my client, never …and on and on, I would be guilty of legal malpractice.
Every public defender who purports to represent an accused under circumstances in which he or she has neither the time nor the resources to fully defend the client is guilty of malpractice. These public defenders cannot be saved from malpractice because they are crushed under a ridiculous case load – some with even as many as five hundred cases or more. No one who was accused with such an attorney has received a fair trial and every such accused is entitled to an appeal on that basis alone. The judge must not sentence the accused under these circumstances because the judge would be taking part in a fraud on the system. Yet hundreds of thousands of indigent persons go to prison each year under circumstances no better than those outlined above.
When I was coming up as a young prosecutor, the defendants were represented pro bono by the lawyers in the local bar. It was part of the duty of members of the bar to take part in the justice system. Today that idea is unheard of. The practice of law is first and foremost a money-making profession. I see nothing wrong with that notion, but what about giving back?
Every trial lawyer should be required to take on a couple of pro bono cases every year. At our office we have a separate pro bono law firm and have for over ten years. It often brings us more satisfaction than our big money wins. The job of a lawyer is to represent the people – the lost, the forgotten, the damned, the hated, the voiceless and the poor. Indeed, God forbid, we may one day become one of those who are entitled to representation but cannot afford it.
Every time an accused goes to prison without having received a fair trial we are one step closer to the loss of our own freedoms. Our rights are, in fact, being fought for by public defenders who can never fulfill their duty to their clients because of their pathetic, impossible, caseloads. When they fail, we are in danger. Our system becomes a hypocritical charade. And we prove, once and for all, that the promised justice for all in America is an evil lie that is imposed on the poor.
If only those with money can receive justice, then how can we permit our children to recite a horrible falsehood in school when they chant, “with liberty and justice for all.” That can no longer be the truth in America.
**************************************************************************************************************************************************************************************************************************************
GERRY SPENCE IS A RENOWNED LAWYER AND PATRIOTIC AMERICAN WHO EVEN AT THE AGE OF 82, CONTINUES TO SHOW A KEEN INTEREST IN WANTING TO BETTER AMERICA FOR THE MASSES OF POORER AMERICANS BEING CAUGHT IN OUR UNDERFUNDED JUDICIAL SYSTEM.
LAWYERS FOR POOR AMERICANS THANKS YOU MR.SPENCE FOR TAKING YOUR TIME AND INTEREST IN SPEAKING THE TRUTH ABOUT A JUDICIAL SYSTEM IN NEED OF C*H*A*N*G*E...
** WE CAN ONLY HOPE AND PRAY OTHER AMERICAN LAWYERS AND JUDGES WILL FOLLOW YOUR LEAD SO THE PROPER FINANCING CAN BE ALLOCATED BY OUR IVORY TOWER US CONGRESS !
*** ANYONE INTERESTED CAN GOOGLE OR YAHOO GERRY SPENCE ON THE WWW FOR MANY OTHER ENLIGHTENING HONEST ARTICLES.
Posted by: DOUGLAS FIELD | Nov 23, 2008 10:52:17 PM
AMERICA'S RELIGIOUS LEADERS TELL CONGRESS ~ SHOW US THE MONEY ?
WILL AMERICA'S VARIOUS RELIGIOUS LEADERS NOW TAKE A UNITED STAND WITH THE IVORY TOWER LEADERS OF THE FREE WORLD US CONGRESS FOR FUTURE FUNDING TO BE ALSO BE ALLOCATED TO OUR UNDERFUNDED US JUDICIAL SYSTEM ? OVER 100,000 INNOCENT MIDDLE CLASS & WORKING POORER AMERICAN'S ENSLAVED IN OUR AMERICAN PRISONS NATIONWIDE NEED YOUR HELP RIGHT NOW WHILE TRILLION$ ARE BEING DOLED OUT TO OTHER US CONGRESSIONAL BUDDIES !!!!!
PRESIDENT OBAMA NEEDS TO TELL THE IVORY TOWER LEADERS OF THE FREE WORLD DEMOCRATIC US CONGRESS ~ GIVE THEM LIBERTY OR GIVE THEM LAWYERS !
WILL THE INTERNATIONAL WORLD COURT, THE POPE AND THE NFL PLAYERS ALSO COME TO THE RESCUE OF THESE TENS OF THOUSANDS OF ENSLAVED POORER AMERICAN'S ? ** THERE ARE OVER 100,000 INNOCENT POORER AMERICAN'S WITHOUT PROPER LEGAL REPRESENTATION IN OUR US PRISONS NATIONWIDE AND MANY EVEN ON DEATH ROW WITH TENS OF THOUSANDS MORE ON THE WAY !!
***The CATHOLIC CHURCH could also now really help AMERICA by arranging a speech from the VATICAN by the POPE concerning THIS modern day ENSLAVEMENT of POORER AMERICAN'S by our complacent IVORY TOWER US CONGRESS who appears to be more interested in financing other US Congressional interests then our UNDERFUNDED AMERICAN JUDICIAL SYSTEM.
****THE POPE KNOWS THE DIFFERENCE BETWEEN A STATE MURDER OF TROY DAVIS IN GEORGIA, AND A JUDICIAL EXECUTION OF TROY DAVIS IN GEORGIA ***
MANY INTERNATIONAL CITIZENS HAVE ALREADY STARTED TO BOYCOTT THIS ROGUE STATE OF GEORGIA ***
WILL MILLIONS OF CARING AMERICAN'S AND INTERNATIONAL CITIZENS AVOID GIVING THE STATE OF GEORGIA ANY FUTURE BUSINE$$ IF A 3YR. BOYCOTT TAKES PLACE OVER THIS STATE NOT EVEN OFFERING JUSTICE WITH A NEW LEGITIMATE CRIMINAL TRIAL FOR MR.TROY DAVIS? IT'S BEEN SAID BY MANY THAT A THREE YEAR INTERNATIONAL BOYCOTT OF THIS STATE MIGHT VERY WELL COST IT TENS OF MILLION$ WHERE A NEW AND FAIR TRIAL OF TROY DAVIS MIGHT COST THE STATE ONLY $100,000.
**** A SPECIAL FEDERAL TASK FORCE MADE UP OF INVESTIGATORS AND LAWYERS DESIGNED TO VERIFY EVERY ASPECT OF THE 3,300 VARIOUS DEATH ROW LEGAL CASES NATIONWIDE,IS OUR COUNTRIES ONLY REAL METHOD TO MAKE SURE WE DO NOT ALLOW STATES LIKE GEORGIA TO CONTINUE ATTEMPTING TO MURDER POSSIBLE INNOCENT POORER AMERICAN'S LIKE MR.TROY DAVIS!
*** FOR THOSE MILLIONS OF AMERICAN'S WHO BELIEVE IN GOD, WE ALL HAVE TO WONDER IN TOTAL AMAZEMENT, HOW OUR AMERICAN RELIGIOUS LEADERS HAVE ALLOWED THIS HORROR TO CONTINUE WRONGFULLY EXECUTING AND INCARCERATING INNOCENT AMERICAN'S ALL ACROSS OUR COUNTRY ???
[email protected](424-247-2013)
**WWW VOLUNTEERS DEDICATED TO LOBBYING THE POPE,WORLD INTERNATIONAL COURT,THE ROYAL FAMILY,NFL PLAYERS, OPRAH,PRINCE CHARLES AND CARING AMERICAN RELIGIOUS LEADERS FOR MIDDLE CLASS AND WORKING POOR AMERICANS WHO ARE BEING WRONGFULLY EXECUTED AND IMPRISONED ALL ACROSS AMERICA DUE TO LACK OF PROPER LEGAL REPRESENTATION IN OUR UNDERFUNDED US JUDICIAL SYSTEM IN NEED OF C*H*A*N*G*E.....
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AMERICA'S GREAT LIE
by Gerry Spence
The idea that we should furnish the poor with a public defender has been an effort to save our nation from shame - for sending the poor to prison without adequate representation. But today the nation's public defender system has become a mockery of justice.
To provide an accused with a public defender who has three hundred other cases to defend is simply to laugh in the face of both justice and the accused himself. It takes me months to prepare the average criminal case for trial. The trial itself can take weeks, even months.
While O.J. Simpson was being tried in Los Angeles for murder, a case that cost millions to defend and months to conclude, another black man was being tried in the same courthouse for a similar murder. It took only three days for a jury to find him guilty. He had a public defender with scores of other cases to defend. Many prosecutors boast that they have over a 90 percent conviction rate. Little wonder. Under the present public defender system the prosecutors should enjoy one hundred percent convictions, and many in fact approach perfect conviction rates.
The public defenders in seven states have finally refused to take on any new cases. It's about time. If I walked into court to defend my client and had never talked to him, never previously opened his file, never discovered the witnesses against him, much less interviewed them, never reviewed the evidence in the hands of the prosecution, never demanded my clients rights to discovery, never read the cases relevant to the case at hand, never prepared the cross examination of the witnesses against my client, never ... and on and on, I would be guilty of legal malpractice.
Every public defender who purports to represent an accused under circumstances in which he or she has neither the time nor the resources to fully defend the client is guilty of malpractice. These public defenders cannot be saved from malpractice because they are crushed under a ridiculous case load - some with even as many as five hundred cases or more. No one who was accused with such an attorney has received a fair trial and every such accused is entitled to an appeal on that basis alone. The judge must not sentence the accused under these circumstances because the judge would be taking part in a fraud on the system. Yet hundreds of thousands of indigent persons go to prison each year under circumstances no better than those outlined above.
When I was coming up as a young prosecutor, the defendants were represented pro bono by the lawyers in the local bar. It was part of the duty of members of the bar to take part in the justice system. Today that idea is unheard of. The practice of law is first and foremost a money-making profession. I see nothing wrong with that notion, but what about giving back?
Every trial lawyer should be required to take on a couple of pro bono cases every year. At our office we have a separate pro bono law firm and have for over ten years. It often brings us more satisfaction than our big money wins. The job of a lawyer is to represent the people - the lost, the forgotten, the damned, the hated, the voiceless and the poor. Indeed, God forbid, we may one day become one of those who are entitled to representation but cannot afford it.
Every time an accused goes to prison without having received a fair trial we are one step closer to the loss of our own freedoms. Our rights are, in fact, being fought for by public defenders who can never fulfill their duty to their clients because of their pathetic, impossible, caseloads. When they fail, we are in danger. Our system becomes a hypocritical charade. And we prove, once and for all, that the promised justice for all in America is an evil lie that is imposed on the poor.
If only those with money can receive justice, then how can we permit our children to recite a horrible falsehood in school when they chant, "with liberty and justice for all." That can no longer be the truth in America.
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GERRY SPENCE IS A RENOWNED LAWYER AND PATRIOTIC AMERICAN WHO EVEN AT THE AGE OF 82, CONTINUES TO SHOW A KEEN INTEREST IN WANTING TO BETTER AMERICA FOR THE MASSES OF POORER AMERICANS BEING CAUGHT IN OUR UNDERFUNDED JUDICIAL SYSTEM.LAWYERS FOR POOR AMERICANS THANKS YOU MR.SPENCE FOR TAKING YOUR TIME AND INTEREST IN SPEAKING THE TRUTH ABOUT A JUDICIAL SYSTEM IN NEED OF C*H*A*N*G*E...
** WE CAN ONLY HOPE AND PRAY OTHER AMERICAN LAWYERS AND JUDGES WILL FOLLOW YOUR LEAD SO THE PROPER FINANCING CAN BE ALLOCATED BY OUR IVORY TOWER US CONGRESS !
*** ANYONE INTERESTED CAN GOOGLE OR YAHOO GERRY SPENCE ON THE WWW FOR MANY OTHER ENLIGHTENING HONEST ARTICLES.
Posted by: DOUGLAS FIELD | Dec 5, 2008 6:45:32 PM
AND OUR AMERICAN RELIGIOUS LEADERS WENT INTO HIDING ????????????
~ THE LOUD LAUGH OF SATAN WAS HEARD IN THE PEOPLES HALLS OF U.S. CONGRESS AND AMERICAN RELIGIOUS LEADERS HAVE TURNED THEIR HEADS,CLOSED THEIR EYES AND SHUT THEIR EARS IN FEAR ~
THIS OLD WORLD ORDER OF ABUSE AND NEGLECT OF OUR POORER AMERICANS NEEDS ENLIGHTENED POLITICAL MINDS AND HEARTS TO VIEW GOD DIFFERENTLY THEN $$$…. NO MATTER WHAT THEIR POLITICAL PARTY AFFILIATION ???
WHEN WILL OUR WEALTHY ELITE AMERICANS ABATE THEIR ASSAULT ON POORER AMERICANS WITH THEIR MONETARY CONTROL OF OUR IVORY TOWER U.S. CONGRESSIONAL LEADERS OF THE NEW WORLD ORDER ???
THERE ARE NOT MANY MORE DISTRACTIONS LEFT WHICH ARE AVAILABLE FOR OUR WEALTHY ELITE AMERICANS TO HIDE BEHIND IN NOT TAKING PROPER CARE OF ALL OUR AMERICANS IN A HUMANE FASHION !!!
RALPH NADER ATTEMPTED TO EDUCATE AMERICAN VOTERS ABOUT U.S. CORPORATE POWER IN AMERICA AND HOW THEY CONTROL OUR CONGRESSIONAL PEOPLE THROUGH THEIR POCKET BOOK (POLITICAL DONATIONS). * WITHOUT THE DOUGH $$$ THESE U.S. CONGRESSIONAL LEADERS OF THE FREE WORLD DO NOT GET RE~ELECTED TO CONGRESS.*TO STAY IN POLITICAL OFFICE IN AMERICA,ONE HAS TO BARTER YOUR VOTES IN CONGRESS AND REPRESENT POWER INTERESTS IN RETURN FOR THE BUCK$.
POORER AMERICANS HAVE NEVER HAD THE $$$ LOBBY TO INFLUENCE THIS CORRUPT POLITICAL CONCEPT (of horse trading political votes for political contributions) TO ACHIEVE PROPER HEALTH ~CARE OR LEGAL REPRESENTATION FOR ALL OUR MIDDLE ~ CLASS AND WORKING POOR AMERICANS.
AMERICAN IVORY TOWER U.S.CONGRESSIONAL LEADERS OF THE FREE WORLD HAVE PASSED FEDERAL LEGISLATION IN WASHINGTON DC TO SPEND 50 BILLION AMERICAN TAX $$$ ON THE INTERNATIONAL FIGHT AGAINST AIDS OVER THE NEXT FIVE YEARS WHILE THEIR OWN AMERICAN CITIZENS ARE BEING TOLD BY THIS SAME U.S.CONGRESS THAT NATIONAL HEALTH CARE AND PROPER LEGAL REPRESENTATION FOR MIDDLE CLASS AND WORKING POOR CITIZENS IS UNAFFORDABLE.
*** WEALTHY ELITE AMERICANS (WHO ARE ONLY 1% OF OUR USA POPULATION) SADLY ALSO CONTROL HOW OUR U.S.CONGRESS SPENDS THEIR BUDGET TRILLION$ AND HAVE OBVIOUSLY FOUND MORE WORTHY INTERNATIONAL CITIZENS THEN OUR OWN DESPERATE AND NEEDY POOR TO ASSIST !!!
~Poorer Americans Nationwide only get 400 million $$$ per year for legal representation allocated them by CONGRESS~
Middle Class and Working Poor Americans are unable to afford proper legal representation in their Civil, Criminal and Family Courts of law all across America causing tremendous hardships nationwide,but these great minds and callous hearts in our American Congress have found others Worldwide more needy then their own citizens who are being falsely incarcerated,wrongfuly executed,losing their homes or apartments,losing child custody or visitation with their children etc� Not being afforded proper legal representation by our U.S. Congress has created a total breakdown of the American judicial system for our poorer Americans because the our U.S. Courts punish all of us little people if we are not assisted with proprer legal counsel.
*It is a known fact that our average Middle Class and Working Poor Americans without proper legal representation in all of our American Courts of law lose their legal cases to the better financed who are able to afford lawyers.
Lawyers For Poor Americans is now actively in the hunt for International Countries and Leaders Worldwide to help raise 5 Billion Dollar$ for our slighted poorer Americans who have had their own American Congress turn their backs on their desperate needs in not affording them proper legal representation.
Troy Davis and Mumia Abu ~ Jamal are 2 perfect examples of American citizens who never had proper legal representation or defense investigations afforded them by our U.S. Congressional Leaders Of The Free World in their initial criminal trials in (Georgia and Pennsylvania) who might very well have to pay the ultimate price of possibly being completely innocent and falsely executed in the near future. These two poorer Americans are among tens of thousands of legal cases nationwide that never were afforded proper legal representation or proper defense investigations at their initial trials……**We the public really have no idea if these men are innocent or guilty until they both are given fair legal representation at their new future trials.
Improper murder trials and needless deaths due to the lack of healthcare take place in Third World Countries all the time. *** Why should average Middle~Class and Working Poor Americans in the Wealthiest Country Of The World be treated as if they are living a Third World Life Style ??
This is the first of many www International pleas by Lawyers For Poor Americans for other leaders and countries to help raise the needed monie$ to correct these blatant injustices that have been inflicted on poorer Americans for the last few decades. Lawyers For Poor Americans has many other written articles that can be viewed with any www search engine by our name or our telephone number.
Lawyers For Poor Americans is a www lobby group of volunteers that sing out about the decades old neglect,abuse and injustices being inflicted on our poorer Americans that have become Crimes Against Humanity issues for the International World Court to investigate.
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Posted by: LAWYERS FOR POOR AMERICANS | Sep 9, 2009 4:41:20 PM
