Troy Davis is not alone

Troy Davis is not alone and that is true in more ways than you think. While most people probably know casually who Troy Davis is and what happened to him let me give a brief background. Troy Davis was 19 years old when he was accused of killing an off-duty police officer. The case was largely circumstantial and rested on the testimony of 9 witnesses. After Davis was convicted, 7 of those 9 witnesses recanted their testimony. There were allegations that the government knowingly presented false testimony and knowingly concealed exculpatory evidence.

The big problem in the case, and the travesty of justice that it raises, is the very high barrier a wrongfully convicted person faces when the evidence at trial is tainted. The bar is set pretty high for someone who has been convicted of a crime to obtain relief. For Troy Davis it meant his life because if the government knowingly presented coerced testimony to the jury which led to his conviction and knowingly concealed exculpatory evidence then they screwed him twice and killed him. Because once having wrongfully convicted him, that same government then forced him to "prove" his innocence in order to obtain a reprieve.

Unfortunately the news gets even more sad because Troy Davis is not alone. The cold hard fact is that there is a win at all costs mentality that is present if not pervasive in prosecuting criminal cases. Don't think prosecutors abuse the system or hide evidence? Think again. Also, do some research and you will find that it happens far more often than justice can and should bear. Just do a Google search of prosecuturial misconduct and see what you find. It's heartbreaking.

The convoluted post conviction process is beyond the scope of this blog but you will find a good discussion of it if you read the 11th Circuit's opinion in the Troy Davis case. You will also see how important it is to have access to good legal representation with the resources to conduct a very thorough investigation. For most death row inmates this is simply unavailable because of their economic status. They must hope that somewhere somehow their case draws attention. Even those that do obtain good legal representation face almost insurmountable hurdles in appealing their convictions.

Want more sad news? Well the trend is likely to continue until there is a good remedy to correct the situation. Forcing someone convicted and sentenced to death with perjured testimony to jump through nearly impossible legal hoops is the antithesis of justice. The post conviction process is hopelessly broken and must be fixed. It's time the legal profession took a cold hard look at itself. Accountability is a good thing.

What is most troubling about the Davis case, as well as any case where there is official misconduct, is the lack of a remedy. Forcing someone convicted through falsified evidence to jump through these hoops adds insult to injury. Where there is clearly official conduct there must be a better remedy other than forcing someone to prove "actual innocence" or to "prove" that the result would have been different. In my opinion, if there is sufficient evidence of official misconduct, it should automatically warrant a new trial. If the United States aspires to be a modern and civilized society doesn't justice require nothing less?