Thursday, September 22, 2011

Troy Davis Wasn't Innocent

Whether he was the one that actually pulled the trigger and shot Police Officer (and former Army Ranger) Mark MacPhail in the face and heart, Troy Davis was definitely in the gaggle of hoodlums that was attacking a homeless man whose cries for help were what Officer MacPhail was responding to when he met his untimely fate. The fact that 22 years of appeals were denied --including one last night that the highest court in the land rejected --leads me to believe that the evidence in its entirety is pretty conclusive...

That being said, I am not a fan of the death penalty when there is no DNA evidence.

And Troy Davis declaring he did not kill Officer McPhail with his dying breath didn't help me feel better about an execution at the end of a circumstantial evidence case. I just keep telling myself regardless of whether he pulled the trigger...he was kicking the shit out of a defenseless homeless man. His nickname was RAH (Rough as Hell). He was not innocent.

The Innocence Project has exonerated 250 people based on DNA testing.

Every time I complain to a lawyer friend about our legal system and how a bloody knife under the suspect's pillow is inadmissible and the jury will never hear it because the cops only had a warrant to search under the covers and not under the pillow....they tell me that this is the case because America wants to ensure that the innocent will never be convicted. That we err in the side of caution and would rather have 10 gully men go free than one innocent man be locked up.

But it seems to me like we have innocent men serving 25 years AND guilty men going free.

And the Innocence Project can only take cases in which DNA evidence ever existed or still exists (can be discarded after 10 years).

SO, in a perfect world there would be no scumbags that killed little kids and cops, but in a lesser perfect and civilized world I wish we could always have 100% irrefutable DNA evidence in a capital case AND that it would be carried out within 2 years of conviction and sentencing.

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