The Nine have decided, without explanation, to let the State of Georgia go ahead with its proposal to murder Troy Davis at a time and place of their choosing.

The Nine have decided, without explanation, to let the State of Georgia go ahead with its proposal to murder Troy Davis at a time and place of their choosing. They are apparently acting in the belief that making sure all the paperwork stays settled, preserving the institutions of monopolistic legal finality, and practicing due deference to other judges’ turf, matters more than something as paltry as whether or not an innocent man is about to be killed for a crime he did not commit.

Here is what I got last evening from Amnesty International USA:

Dear Charles,

Today, the U.S. Supreme Court declined to hear Troy Anthony Davis’ appeal. His fate is back in the hands of Georgia authorities who may seek a new execution date at any time.

The Supreme Court’s decision to deny Troy Davis’ petition means that no court of law will ever hold a hearing on the witnesses who have recanted their trial testimony in sworn affidavits.

Doubts about his guilt raised by these multiple witness recantations will never be resolved. An execution under such a cloud of doubt would undermine public confidence in the state’s criminal justice system and would be a grave miscarriage of justice.

The state of Georgia can still do the responsible thing and prevent the execution of Troy Davis:

Sincerely, Larry Cox
Executive Director
Amnesty International USA

As I said in my earlier post:

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.

Here is an early modern engraving of a ghastly skeleton, robed and crowned, holds a sceptre and a polished glass with the words, THE MIRROR THAT FLATTERS NOT.

The Final Arbiter

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7 replies to The Nine have decided, without explanation, to let the State of Georgia go ahead with its proposal to murder Troy Davis at a time and place of their choosing. Use a feed to Follow replies to this article · TrackBack URI

  1. Gary Chartier

    This is a really great piece, Charles. It dismays me that so few people are willing to emphasize that capital punishment is not just inexpedient or risky, but actually—precisely because, as you say, the person being executed poses no threat to anyone by the time she or he is executed—wrong. Unjust. Morally indefensible. I appreciate your outstanding combination of passion and clarity.

  2. Belinsky

    This is just so incredibly tragic. I’m still in disbelief that he will be executed. Is the preservation of the status quo legal system really more important than saving an innocent man? Do they really believe that?

    This makes me so fucking angry.

  3. Anon73

    Judging by the title I thought a comparison to the Nine Ringwraiths robed in black was coming…

  4. scineram

    I cannot see what is the basis for intervention by a federal court in a criminal case.

  5. Rad Geek

    Anon73,

    Well, I think the Nine make the comparison obvious enough themselves without my belaboring the point.

    scineram,

    I don’t think that turf wars between statist judges are more important than saving a man’s life. Do you? If so, why?

  6. Anon73

    True. It does surprise me though that LOTR offers up so many metaphors to critique tyranny Remember the “silent watchers” from Minas Morgul, full of evil and malice? They remind me of something, I just don’t know what….

    http://news.bbc.co.uk/1/hi/uk/6108496.stm

· November 2008 ·

  1. DOUGLAS FIELD

    TROY DAVIS,PLEASE REMEMBER THAT AMERICA IS NOT THE OLD SOUTH ~ AFRICA !!

    A $TATE ECONOMIC BOYCOTT OF GEORGIA INTERNATIONALLY WILL OBVIOU$LY BE THE END RE$ULT OF GEORGIA DECIDING TO MURDER A PO$$IBLE INNOCENT TROY DAVI$ WITHOUT A NEW AND FAIR TRIAL ?

    *** US CONGRESSIONAL MEMBERS WHO ARE ALSO LAWYERS BY TRADE, CONTINUE TO DENY poorer AMERICAN’S PROPER LEGAL REPRESENTATION !!!

    THE INTERNATIONAL COMMUNITY NEEDS TO BEGIN A FORMAL INVESTIGATION INTO THESE US CONGRESSIONAL CRIMES AGAINST HUMANITY, AND HUMAN RIGHTS VIOLATIONS BEING INFLICTED ON poorer AMERICAN’S LIKE MR.TROY DAVIS OF GEORGIA !!!

    HAVING BEEN DENIED APPEAL LAWYERS FOR THREE YEARS ON DEATH ROW IN GEORGIA MR. TROY DAVIS IS NOW BEING EXECUTED FOR A CRIME HE MIGHT NOT HAVE EVEN BEEN INVOLVED WITH !!!

    SENATOR OBAMA PLEASE LET THIS COUNTRIES VOTERS KNOW YOUR FEELINGS AND THOUGHTS ABOUT A NEEDED FUTURE REPAIR AND RENOVATION OF OUR BROKEN JUDICIAL SYSTEM THAT CONTINUES TO ALLOW THE EXECUTION’S OF EVEN POSSIBLE INNOCENT AMERICAN’S LIKE TROY DAVIS OF GEORGIA ?????

    BEING THE WEALTHIEST COUNTRY IN THE WORLD SENATOR OBAMA, DON’T WE NEED AS THE LEADERS OF THE FREE WORLD TO BEGIN ONCE AGAIN TO RE-INVEST THE PROPER MONIE$ IN OUR OWN US JUDICIAL SYSTEM, ASSURING ALL OF OUR CITIZENS THEIR RIGHTS TO FAIR TRIALS WITH PROPER LEGAL REPRESENTATION ???

    DOES GOD NEED TO LOBBY OUR US CONGRESSIONAL LEADERS OF THE FREE WORLD ON BEHALF OF OUR poorer american’s SENATOR OBAMA,OR ARE YOU WATCHING OUT FOR THEM ??

    *** 700 BILLION $$$ AVAILABLE FOR US BAILOUT, & NO $$$ FOR ALL POORER AMERICANS PROPER LEGAL REPRESENTATION ? SENATOR OBAMA, THIS JUDICIAL INJUSTICE HAS BECOME AN AMERICAN ART FORM, AND NO LONGER CAN BE KEPT HIDDEN OR SECRET FROM THE AMERICAN PEOPLE EVEN IF CERTAIN (501c3) U$ RELIGIOU$ LEADER$ HAVE BEEN $ILENCED ??

    LETS ALL HOPE OUR MEDIA FRIENDS CONTINUE TO SHOW AN INTEREST IN REPORTING ON THIS AMERICAN HORROR FACING THESE (TENS OF THOUSANDS) FORGOTTEN AND TRAPPED POORER AMERICANS, AND HOW THIS PRESIDENTIAL CONTENDER HANDLES THIS VERY SERIOUS ISSUE FACING AMERICA’S LATINO AND BLACK AMERICAN COMMUNITIES ????

    WITH 80% OF THE BLACK AMERICAN VOTERS SAYING THEY SUPPORT SENATOR OBAMA IN THIS PRESIDENTIAL ELECTION, IT IS ONLY FAIR FOR EVERYONE TO KNOW PRIOR BEING ELECTED OUR NEXT PRESIDENT OF THE UNITED STATES HOW THIS DEMOCRATIC SENATOR TRULY FEELS ABOUT THIS AMERICAN JUDICIAL INJUSTICE CONTINUING TO INFLICT GRAVE HARM ON THE BLACK & LATINO AMERICAN FAMILIES AND THEIR COMMUNITIES NATIONWIDE ??????

    *** WHEN GOD’S FACE BECAME VERY RED *** THE US SUPREME COURT GAVE ENEMY COMBATANTS FEDERAL APPEAL HC RIGHTS LAWYERS AND PROPER ACCESS TO US FEDERAL COURTS,AND POORER AMERICANS (MANY EVEN ON DEATH ROW) ARE DENIED PROPER FEDERAL APPEAL LEGAL REPRESENTATION TO OUR US FEDERAL COURTS OF APPEAL, AND ROTTING IN AMERICAN PRISONS NATIONWIDE ?????????

    **** INNOCENT AMERICANS ARE DENIED REAL HC RIGHTS WITH THEIR FEDERAL APPEALS ! THE AMERICAN PEOPLE ARE $LOWLY FINDING OUT HOW EA$Y IT I$ FOR MIDDLE CLA$$ AND WORKING POOR AMERICAN$ TO FALL VICTIM TO OUR U$ MONETARY JUDICIAL $Y$TEM.

    *WHEN THE US INNOCENT WERE ABANDONED BY THE GUILTY * The prison experts have reported that there are 100,000 innocent Americans currently being falsely imprisoned along with the 2,300,000 total US prison population nationwide.

    This same exact unjust situation was happening in our Southern States when poor and mostly uneducated Black Americans were being falsely imprisoned for endless decades without the needed educational skills to properly submit their own written federal trial appeals.

    This devious and deceptive judicial process of making our poor and innocent prison inmates formulate and write their own federal appeal legal cases for possible retrials on their state criminal cases,is still in effect today even though everyone in our US judicial system knows that without proper legal representation, these tens of thousands of innocent prison inmates will be denied their rightful opportunities of ever being granted new trials from our federal appeal judges!!

    Sadly, the true US legal Federal Appeal situation that occurs when any of our uneducated American prison inmates are forced to attempt to submit their own written Federal Appeals (from our prisons nationwide) without the assistance of proper legal counsel, is that they all are in reality being denied their legitimate rights for Habeas Corpus with our US FEDERAL COURTS and will win any future Supreme Court Case concerning this injustice!

    For our judicial system and our US Congressional Leaders Of The Free World to continue to pretend that this is a real and fair opportunity for our American Middle Class and Working Poor Citizens, only delays the very needed future change of Federal Financing of all these Federal appeals becoming a normal formula of Our American judicial system.

    It was not so very long ago that Public Defenders became a Reality in this country.Prior that legal reality taking place, their were also some who thought giving anyone charged with a crime a free lawyer was a waste of taxpayers $$.

    A MUST READ ABOUT AMERICAN INJUSTICE: 1) YAHOO 2) GOOGLE (MANNY GONZALES THE KID THAT EVERYONE FORGOT IN THE CA PRISON SYSTEM.) ** A JUDICIAL RIDE OF ONES LIFE !

    lawyersforpooramericans@yahoo.com (424-247-2013)

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