May 20th, 2009
Posted by Suzanne Ito, ACLU at 5:29pm	Capital Punishment

Two Death Row Exonerations in Less Than 10 Days. Could Troy Davis Be Next?

Last week saw the exoneration of the 132nd person from death row since 1973. Paul House, who was on death row for 22 years and was scheduled for a new hearing, was exonerated after a DNA test proved he was not the perpetrator of the murder he was convicted of in 1986. Daniel Wade Moore became the 133rd exoneree when he was acquitted at a retrial for a 1999 rape and murder. Given the vast amount of people released from death row in the last 35 years, it is clear that capital punishment in the United States is fatally flawed and there is the unconscionable possibility to execute an innocent person. Troy Davis, who is almost certainly innocent, should have a chance to make the list of the exonerated. Instead, no court has heard evidence of his innocence.

Yesterday, Amnesty International organized a Global Day of Action for Troy Davis, who has been on Georgia's death row since 1989. The facts of Davis's case indicate that he is almost certainly innocent: Convicted and sentenced to death for the 1989 murder of Officer Mark MacPhail, an off-duty police officer, Davis's case lacks any physical evidence, and no murder weapon has been found. The only evidence against Davis is the testimony of witnesses. But seven of the nine nonpolice witnesses have recanted or contradicted their trial testimony. Of the two witnesses who did not recant, one is an alternative suspect.

Act now. Write Georgia Gov. Sonny Perdue and ask him to commute Troy Davis's sentence.

CORRECTION: An earlier version of this post stated the crimes for which Moore was convicted of took place in 2003. That was incorrect. They took place in 1999.

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Tags: Troy Davis

1. Dominic Chan Says:
   May 29th, 2009 at 8:58pm

   Well done.

   We need to have hope for Troy and we'all have done as much already.

   But on the other front there is a need to actively propagate for abolishment.

   Most of the activism and legal advocacy are those on death row or sentenced to death.

   States still holding on to capital punishment believes that they have an alternative in the bargaining options and serve as an interrogational tool. Politicians will use death penalty as a tool to win elections and pacify fear of crime in the community.

   Perhaps there is a need to trouble shoot these assurances. Why is it so hard to absorb the fact that life without parole is a good alternative.

   Maybe people are just ignorant about the fact that penal institutions are too soft. What about a supermax...does that not answer and give assurances or perhaps there is too much negativity in that as well.

   If thats the case then its difficult to achieve the purpose of abolishment in the US and taxpayers are more readily to burn their pockets then build supermax institutions.

2. Valery Fabrikant Says:
   Jun 27th, 2009 at 4:18pm

   Amnesty International doesn't give a damn about human rights. I reproduce below the e-mail which I sent to Amnesty International Canada. Not only they didn't respond, but when I called them on the phone, they refused to talk to me and hanged up. Here is the text which I sent to them:

   Sir/Madam,

   I am prisoner in Canadian jail and I am being murdered by denial of cardiac care. I reproduce below the history of my heart disease and the way jailers and Quebec doctors are denying me proper care.

   I had my first heart attack in 1991 at the age of 51 due to extreme psychological stress exerted by Concordia University administration. I recovered due to an angioplasty which was performed several months later.

   While in jail, I had regular follow-ups with cardiologists until 1996, when I started a lawsuit against one of the doctors. Soon thereafter, I was told that no cardiologist would treat me unless I had an emergency (heart attack).

   Indeed, this is what happened. Despite repeated requests of me to see cardiologist, I was not brought to a hospital until I had a heart attack in 1998. All Quebec doctors refused to perform an angioplasty claiming that it was not possible. I have sent the film of latest angiography to the top specialists at Harvard Medical School, New York University, Columbia University, etc. All were unanimous that angioplasty was needed and each were ready to perform it.

   My family has found a doctor in British Columbia in 1998, who was also ready to perform an angioplasty, but Quebec doctors insisted that all I needed was to take pills and jailers used this “unanimous” opinion to refuse to transfer me to British Columbia for an angioplasty.

   In order to save my life, I started legal action in Federal Court to order jailers to transfer me to British Columbia. Corrupt judge Mcguillis declared me vexatious pleader and effectively denied me access to Federal Court.

   As the second attempt to save my life, I started a lawsuit against jail doctor Corbin. The lawsuit was summarily dismissed and I was declared vexatious pleader by another corrupt judge, Rolland.

   I filed a complaint with the Human Rights Committee of United Nations. As a result, Canadian Government and Quebec doctors blinked – I was transferred to British Columbia in December of 2001. The angioplasty was performed in January 2002 and it showed that I was brought to the brink of death: all major coronary arteries were blocked 85-95%. A letter signed by cardiologist Ayas and confirming that my life was in danger, is attached.

   This proved beyond reasonable doubt that I was right in his legal action, nevertheless, not only was my status of vexatious pleader was not cancelled, but another corrupt judge, Durand has barred me from filing any complaints against doctors, nurses and lawyers. This was done without my presence breeching the basic rules of fundamental justice.

   My life was saved, but not for long: restenosis progressed and new angioplasties became necessary. At that time, Quebec doctors’ “unanimity” opinion changed: now they recommended bypass surgery, though they could not provide details as to which exact artery and at what place did they plan to bypass. In addition, they couldn’t explain why the cardiac surgeons, who stated that bypass was not possible, were wrong.

   In order to check morality of Quebec doctors, I asked, in 2004, one of my relatives in New York to send my film of angiography pretending it to be the relative’s film, to Quebec cardiologist Bilodeau, asking Bilodeau whether he could perform angioplasty after viewing the film. My relative got immediate invitation from Bilodeau to come to Montreal for an angioplasty. A copy of Bilodeau’s invitation is attached . When confronted with this controversy, Bilodeau still insisted that there was nothing he could do for me, though he could not explain why he was capable to help my relative. College Des Medecins dismissed my complaint on this subject without giving any explanation.

   My life was in danger yet again in 2004. My court application for relief was denied, without hearing, by former Chief Justice Lemieux (who was forced to resign because she was caught driving drunk), though she had in front of her letter signed by world class specialist Professor Reifart, where he confirmed that my life was indeed in danger (a copy of the letter is attached). Again, a doctor was found in Toronto who agreed to perform an angioplasty. In order to save my life, my family had to borrow money to pay for medical care, guards’ salary, their hotel rooms and meals, car use, gas, etc. In the country, which proudly claims to provide every citizen with free medical care, my family had to borrow money three times by now in order to save my life.

   In December of 2005, I was transferred to Fenbrook jail in Ontario for the purpose of being closer to my Toronto doctor. This arrangement didn’t last long. In January of 2007, when my heart condition became worse, instead of bringing me to my Toronto doctor, jailers transferred me involuntarily to filthy, cold and violent Collin’s Bay Jail. The official reason: Collins Bay Jail is located in Kingston, close to a major hospital, in case if I have a heart attack. The same twisted logic: instead of undertaking necessary measures to prevent a heart attack, jailers are pretending to be prepared for action after heart attack.

   After my request to be returned to Fenbrook jail was denied, I had no choice but to return to Archambault jail in July of 2007. Since that time, I did not have a single follow-up, visit to cardiologist and as of today, I do not have an attending cardiologist. Jail doctor Coche tells me that Cite de la Sante cardiologists do not want to treat me, except in emergency, which means near or after a heart attack.

   I feels that me life is in danger: I was delivered by an ambulance to the Emergency Room 3 times this year, and jailers do not call an ambulance for a prisoner, unless they have reason to believe that his life is in danger.

   I had the first emergency on February 26, 2008. All what Cite de la Sante cardiologists did was to check that I not yet have a heart attack. As soon as this was verified, I was discharged from the hospital against my will.

   I had another emergency on June 16, 2008. I was delivered to ER of Cite de la Sante hospital, where Dr. Croteau did nothing, but blood test for enzymes, which shows only that the I did not yet have a heart attack. As soon as this was verified, I was discharged from the hospital against my will. At about 2 a.m. during that night, I had an incident of extreme nausea followed by very extensive perspiration, which is an indicator of a serious heart trouble.

   I was delivered yet again by an ambulance to Cite de la Sante hospital on June 18, 2008. This time, angiography was done, but not the necessary treatment - angioplasty. Even presuming that angioplasty was not necessary, then proper tests should be performed to find out the reasons for my heart problems. No such tests were performed.

   Cite de la Sante Hospital has a contract with Correctional Service Canada (CSC) to treat prisoners from all nearby jails. The rules are as follows. When jail doctor decides that a prisoner needs to see a specialist, he writes a referral, which is transmitted to the Respondent, an appointment is made, and then jailers deliver prisoner to the hospital at the date of appointment. I have no problem securing appointment with any specialist, except cardiologists; they are the only specialists, who are consistently refusing to honor jail doctor's referrals.

   I submits that the present situation, where Cite de la Sante do not want to do anything to prevent a heart attack constitutes cruel and unusual treatment, which is explicitly forbidden by Sec. 12 of Canadian Charter, since in majority of cases, the only thing to do after a heart attack is burial. Cite de la Sante behaviour also breaches Sec. 7 of Canadian Charter, as well as Sec. 1 of Quebec Charter. I am being treated differently from the way any other prisoner is being treated; this kind of treatment is discriminatory and therefore illegal.

   Please help me save my life by pressing Canadian Government in providing me with proper cardiac care.

   Sincerely,

   Fabrikant

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