Sunday, September 18, 2011
The case of Troy Davis
My name is Kerry Max Cook. I am the author of CHASING JUSTICE: My story of freeing myself after two decades on Death row for a crime I didn't commit.
I don't know enough about the case of Troy Davis or the tragic death of Georgia police officer Mark MacPhail Sr. to know whether Mr. Davis is innocent or guilty. What I am qualified to comment on is the fact that this case contains a rich history of legal chicanery that is being glossed over so folks can selectively pick and choose what facts they want to use to establish guilt.
It is here as a proponent of the notion that we are a Nation of laws that I weigh in. Laws designed to ensure punishment of the guilty, but also laws that theoretically are in place designed to prevent the innocent from suffering wrongful conviction and execution by overzealous prosecutions.
One of the cornerstones of American jurisprudence is: “…It shall be the primary duty of all prosecuting attorneys, including any special prosecutors, not to convict, but to see that justice is done. They shall not suppress facts or secrete witnesses capable of establishing the innocence of the accused (Code of Criminal Procedure, Article 2.01)..."
At the very least, Mr. Davis' sentence should be commuted from death to life imprisonment amid the serious questions that remain concerning his guilt.
In the words of William Shakespeare, I say "Let time be the judge of all offenders." If and when we make these potential mistakes, at least we can correct it. Unfortunately, nothing we do will ever bring back the life of Officer Mark MacPhail Sr.
I don't know enough about the case of Troy Davis or the tragic death of Georgia police officer Mark MacPhail Sr. to know whether Mr. Davis is innocent or guilty. What I am qualified to comment on is the fact that this case contains a rich history of legal chicanery that is being glossed over so folks can selectively pick and choose what facts they want to use to establish guilt.
It is here as a proponent of the notion that we are a Nation of laws that I weigh in. Laws designed to ensure punishment of the guilty, but also laws that theoretically are in place designed to prevent the innocent from suffering wrongful conviction and execution by overzealous prosecutions.
One of the cornerstones of American jurisprudence is: “…It shall be the primary duty of all prosecuting attorneys, including any special prosecutors, not to convict, but to see that justice is done. They shall not suppress facts or secrete witnesses capable of establishing the innocence of the accused (Code of Criminal Procedure, Article 2.01)..."
At the very least, Mr. Davis' sentence should be commuted from death to life imprisonment amid the serious questions that remain concerning his guilt.
In the words of William Shakespeare, I say "Let time be the judge of all offenders." If and when we make these potential mistakes, at least we can correct it. Unfortunately, nothing we do will ever bring back the life of Officer Mark MacPhail Sr.
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