Please write or FAX the Georgia State Board of Pardons and Paroles to urge clemency for Troy Davis.

If you are in or near Atlanta, there is a rally this Thursday at the Georgia state house:

Justice Matters: Rally to Save Troy Davis
Thursday, September 11, 2008 , 6 – 8 p.m.
Georgia State Capitol (front steps on Washington St.)
Atlanta, GA troy@aiusa.org / 404-876-5661 ext. 13
(There will also be a Prayer Vigil on Friday, September 12, 8 a.m. – 8 p.m. More information here.)

Please come to support the rally if you can.

From Amensty International USA: Urge Clemency for Troy Davis

Troy Davis came within 24 hours of execution in July, 2007 before receiving a temporary stay of execution. But the Georgia Supreme Court denied Mr. Davis' motion for a new trial and now he faces execution on September 23. Troy Davis was sentenced to death for the murder of Police Officer Mark MacPhail in Georgia. The case against him consisted entirely of witness testimony which contained inconsistencies even during the trial. Since then, all but two of the state’s nine non-police witnesses from the trial have recanted or contradicted their testimony. Many of these witnesses have stated in sworn affidavits that they were pressured or coerced by police into testifying or signing statements against Troy Davis.

From Amnesty International USA: Troy Davis: Finality Over Fairness

On Monday, March 17, 2008, the Georgia Supreme Court decided 4-3 to deny a new trial for Troy Anthony Davis, despite significant concerns regarding his innocence. This stunning decision by the Georgia Supreme Court to let Mr. Davis' death sentence stand means that the state of Georgia might soon execute a man who may well be innocent.

Background

Restrictions on Federal appeals have prevented Troy Anthony Davis from having a hearing in federal court on the reliability of the witness testimony used against him, despite the fact that most of the witnesses have since recanted, many alleging they were pressured or coerced by police. Troy Davis remains on Georgia death row, and may be scheduled for execution in the near future.

Troy Davis was sentenced to death for the murder of Police Officer Mark Allen MacPhail at a Burger King in Savannah, Georgia; a murder he maintains he did not commit. There was no physical evidence against him and the weapon used in the crime was never found. The case against him consisted entirely of witness testimony which contained inconsistencies even at the time of the trial. Since then, all but two of the state’s non-police witnesses from the trial have recanted or contradicted their testimony.Many of these witnesses have stated in sworn affidavits that they were pressured or coerced by police into testifying or signing statements against Troy Davis.

One of the two witnesses who has not recanted his testimony is Sylvester Red Coles — the principle alternative suspect, according to the defense, against whom there is new evidence implicating him as the gunman. Nine individuals have signed affidavits implicating Sylvester Coles.

I have a couple of things to add.

First, I should say that, as a matter of fact, it does not matter to me — and it should not matter to you — one bit whether or not Troy Davis really is responsible for the killing he’s alleged to have committed, or, if he is responsible, whether or not the prosecution legitimate proved their case in the midst of what appears to have been a very dirty bit of business by the Gangsters in Blue. There seems to be good evidence for massive police misconduct, and for the likelihood of Davis’s innocence. This evidence is important, and let’s go ahead and scream about it as much as possible to the men and women sitting in the court and corrections system, if it will save Troy Davis from the gallows.

But, just between us, we need to remember that even if he were obviously guilty as hell, the State has no right to commit premeditated murder in order to make him pay for it. The penalty of death is the ultimate, definitive expression of the State’s cold and sadistic violence, exercised with no defensive purpose and against women and men who no longer pose any threat to any living soul, on the theory that in the end your body and your life belong to the State, and can be mutilated and destroyed by it, at its pleasure, for its own special purposes — whether to exact blood vengeance, or to send a message to unrelated third parties, cut into your body by the Harrow of the criminal justice system. It is nothing more and nothing less than State-sanctioned murder, and it ought to be abolished immediately, completely, and forever.

Second, you should also note, from this story, that in the view of the Georgia Supreme Court, final arbiter that it is, getting all the paperwork settled once and for all is apparently more important than whether or not an innocent man will be slaughtered on the basis of lying testimony extracted by intimidation and coercion at the hands of an overzealous police department, desperately seeking a black cop-killer to lynch. You may find this appalling; but it should not be surprising. This approach to The Law is essential to the very nature of the State and its legal system. Authority is held to take precedence over fact and evidence; imposed finality is held to take precedence over justice, even when it comes to punishments that are utterly irreversible, destroying forever any hope of appeal. Otherwise, anyone might just go around any old time and prove somebody’s innocence and spring them from the prisons or the gallows, a judge’s say-so notwithstanding; a journalist’s expose or an ad hoc committee’s discoveries and reasoned decisions might be just as good as that the Nine. Without sovereign authority to stand between the people and justice, doing justice would be nothing a mere human institution, open to anybody who can do some research and submit facts to a candid world. Why, it’d be Anarchy! So instead, paying due deference and having the right stamp on the right papers and uttering the right ritual incantations is held to be more important than somehing so paltry as a man’s life. That is the Majesty of the Law; that is its morality; that is its justice.

The Final Arbiter

O.K. Now please write or FAX the Georgia State Board of Pardons and Paroles to urge clemency for Troy Davis.

See also:

• GT 2005-12-13: Murder in the first
• GT 2004-12-15: God damn it.

(Via the Coalition of Immokalee Workers.)

The Florida Tomato Growers' Exchange is a cartel and legislative lobby which represents more than 90% of Florida's tomato growers. Over the past year or so, the F.T.G.E. has moved aggressively to discredit the Coalition of Immokalee Workers and to destroy their penny-a-pound pass-through system, through which tomato buyers can volunteer to pass along one penny per pound of tomatoes bought, which would go directly towards increasing the wages of the farmworkers who picked those tomatoes. Since these bonuses are paid directly by the tomato buyers, and not by the farm bosses, it costs nothing for the farm bosses to implement, so I’m not entirely clear what the F.T.G.E.’s interest is here — but, if I had to guess, I would suspect that the campaign is mainly just part of a larger scorched-earth campaign against the C.I.W. as such and anything that they do, for fear that widespread success here would strengthen the organization, embolden them in their campaigns against exploitative and brutal treatment by growers, raise worker’s expectations about pay and conditions, and raise their hopes about what can be accomplished by uniting together. Along the way the F.T.G.E. has teamed up with Burger King (who later broke ranks and struck a penny-per-pound deal with the C.I.W.) and with a Republican state congressman, repeatedly making unfounded insinuations that the C.I.W. was skimming graft off of the penny-per-pound system (actually, payments are held in an escrow account and audited by an independent, third-party firm), and denouncing nonviolent protest and consumer boycotts as extortion, apparently on the claim that plantation owners have a God-given right to have their tomatoes bought, on terms set by the plantation owners and not by the buyers, and that any peep of protest or suggestion that buyers might freely choose not to buy tomatoes grown and picked under certain kinds of labor conditions is tantamount to a threat of violence. They’ve also made a special effort to spread a number of exculpatory distortions, obfuscations, half-truths, evasions, and lies about wages and conditions for tomato pickers in central Florida. For example, trumpeting the hourly wage rate that tomato-pickers can make during picking hours in the peak harvest season — about $12-$13/hour — without mentioning such minor details as the number of hours available, the unreliability of work, the fact that workers can only make that much for half the workday or so, that a few months of backbreaking work usually have to last the workers all year, and that, as that the annual income of farmworkers comes out to about $10,000/year or so, which is to say, that most farmworkers live in extreme poverty.

Then there’s the issue of working conditions, and the accusations of slavery in the tomato fields. The C.I.W. has already, several times in the past, been directly involved in busting up slave rings on Southeastern U.S. produce farms. Thus, they have focused a lot of their rhetoric on exposing the use of violence and coercion against farmworkers. But, the F.T.G.E. insists on their Industry Facts webpage:

Myth: Farmworkers are denied their fundamental labor rights by being held and forced to work in slave-like conditions.

Facts: Florida’s tomato growers abhor and condemn slavery. Charges that growers have enslaved workers are false. On numerous occasions, the Florida Tomato Growers Exchange has asked for evidence that would substantiate allegations of slavery and have received none. The Exchange stands ready to help authorities prosecute any instance of slavery.

Meanwhile, back in the real world:

Five Immokalee residents pleaded guilty in federal court Tuesday to charges of enslaving Mexican and Guatemalan workers, brutalizing them and forcing them to work in farm fields.

The 17-count indictment in the case — one of the largest slavery prosecutions Southwest Florida has ever seen — was originally released in January. It alleged that, for two years, Cesar Navarrete and Geovanni Navarrete held more than a dozen people in boxes, trucks and shacks on the family property, chaining and beating them, forcing them to work in farm fields in Florida, North Carolina and South Carolina while keeping them in ever-increasing debt.

Chief Assistant U.S. Attorney Doug Molloy called it slavery, plain and simple.

One of the six original defendants, Jose Navarrete, pleaded guilty in May to five charges.

The two ringleaders, Cesar and Geovanni Navarrete will likely serve 12 years and face fines between $750,000 and $1 million each. Sentencing is set for December.

Although the case was set to go to trial Tuesday, the defense and the government reached plea agreements at the last minute.

In federal court, if you go to trial and lose, the sentences are extremely severe, said Geovanni Navarrete’s attorney, Joseph Viacava of Fort Myers. We were happy to negotiate a resolution that caps our client’s liability and puts him in a favorable position come sentencing.

Molloy is happy too.

This is an excellent resolution, he said. The bad guys go to jail and the many victims get to go on with their lives.

Plus, he said, every time there’s a slavery conviction, We get two or three more reports of similar cases. So getting the word out about these prosecutions is extremely important, Molloy said.

Members of the Coalition of Immokalee Workers, which has helped prosecute six slavery cases (including this) that freed more than 1,000 workers, also were pleased with the outcome.

The facts that have been reported in this case are beyond outrageous — workers being beaten, tied to posts, and chained and locked into trucks to prevent them from leaving their boss, said coalition member Gerardo Reyes.

How many more workers have to be held against their will before the food industry steps up to the plate and demands that this never — ever — occur again in the produce that ends up on America’s tables?

— Amy Bennett Williams, Ft. Myers News-Press (2008-09-03): Five plead guilty in Immokalee slavery case

And what did the ever-helpful, standing-ready, slavery-abhorring F.T.G.E. do about all this? Not a god-damned thing. Well. That’s not entirely true. They did do something. Specifically, on November 20th of last year, while they were busy going on a high-profile press junket with Burger King to smear the C.I.W., their yellow-dog auditing agency, S.A.F.E., did stop in to visit Immokalee and issue a public statement declaring that their audits have found no slave labor. As it happened, on the very same day that statement was issued — November 20th, 2007 — three tomato pickers reached the Collier County sheriff’s office on foot, and reported that they had just escaped out of the ventilation hatch of a box truck where they had been held against their will by the Navarette gang. So while workers were first telling the world about the violence and enslavement they had suffered, the F.T.G.E. and its agents did go out of their way to publicly declare that all those abuses simply did not exist.

The farmworkers’ struggle is one of the most important labor struggles in the United States today, and the way that the C.I.W. is carrying it on, in the face of tremendous opposition, nasty smear campaigns, repeated threats of legal coercion, and still managing to get so much done by so many workers, for so many of their fellow workers, in a really remarkably effective bottom-up, worker-led community workers’ organization, is nothing short of heroic. And inspiring. But, well, I’m sure that all of the F.T.G.E.’s verbal abhorring and condemning of slavery is also greatly appreciated.