The controversial issue of capitol punishment has invigorated proponents and opponents alike. But both sides of every gut wrenching political issue inherently possesses a compromising element of subjectivity that has the potential to interfere with the advancement of specific and objective analysis. Put two people in a room who represent both sides of the death penalty issue and tell them they cannot come out until there is mutual agreement from both; then wait for the sun to burn itself out. People with strong emotional attachments to certain issues will almost always find a way to interpret information in a way that re-affirms their beliefs, even when it is in direct contradiction to fact.
There are many sincere and decent people—on both sides of the ideological spectrum who are opposed to the death penalty. I consider it an honorable position. My personal opinion might even surprise some. But it was not my personal opinion that motivated me to write about the Troy Davis case. In fact it had nothing to do with it what so ever and there in lies the reason for this follow up.
As a 25 year veteran of law enforcement and an expert in the workings of the criminal justice system, myself and over a dozen courts including the Supreme Court, know all too well what folly was at play in the events leading up to the Troy Davis execution. It is not necessarily the fault then of inexperienced people who have no reason to know any better to feel otherwise. For me and many others reading this, it is nothing new or novel, just the same old tried and true ploy by death penalty opponents to muddy the waters of certainty years after the fact. It happens nearly every time someone is scheduled to be put to death. It’s always been curious to me that new and revealing evidence seems to materialize time and time again just after the execution date is set for a convicted murderer. Twenty years later startling new facts immerge that cast a doubt about the doomed man’s guilt. The problem with this is that most courts have already heard every type of sudden recantation and testimony switcharoo in last ditch efforts at evidentiary hearings and know it for what it is. It is almost always the result of a law firm or investigations agency soliciting any original witness who is willing to alter their original sworn testimony in order to keep the convicted from being executed.
As mentioned before, In the Davis case, 7 out of 34 (one reader missed this earlier) witnesses for the state allegedly recanted their sworn testimony at an evidentiary hearing last year. In the courts minutes, as I read them, the recantations were not remotely believable and only irrelevant portions of their original testimony were altered. A feeble attempt at a confession was not allowed due to its complete lack of credibility. The court itself described the so called recantations as, “nothing more then smoke and mirrors”. More then a dozen different courts looked into the trial documents, witness statements and physical evidence and came to the same conclusion. There was zero uncertainty or ambiguity about each courts decision.
Death penalty opponents often operate under an, “ends justifies the means mentality.” Throwing around a lot of red herrings, emotions and race based quips to prevent an execution is ok if it is successful at preventing an execution. But is that conduct then justified? Do death penalty opponents need to construct such tactics to express their beliefs? What about the honest, sincere but less schooled people who watch the news and believe such balderdash to be true? Are they not collateral damage of this ploy? If law abiding, hard working, tax paying, charitable people have the evening news as their sole method of staying informed have they been done a disservice? It is insulting to a civilized people and we owe them nothing less then the facts, unobstructed by deceit or misdirection. I know better because I’ve been a cog in the criminal justice machine forever and I know very well it is not perfect: Far from it. But do less exposed people deserve any less then the chance to make up their minds based on real facts? If the citizens of this country reach conclusions about such important societal matters based upon Hollywood docudramas and tainted news stories then we are in a dire state.
On a final note, Troy Davis was not the only convicted murderer put to death last Wednesday. The other death penalty “victim” was Lawrence Brewer. Brewer was the racist goon who infamously tied a black man, James Byrd to the back of a truck and dragged him to death in Texas . Like Davis , Brewer also claimed he was “innocent” because he claimed one of his buddies had cut Byrd’s throat before they dragged his body around. Forensic evidence directly contradicted this and several courts of review concluded likewise.
We did not hear much of anything from death penalty opponents about the Byrd execution. Where was the cry for clemency? Did death penalty protestors fail to adequately staff their events roster or is executing a human being less egregious when the one being put to death is less sympathetic in the eyes of the media?