Whenever the mainstream media fixates on a particular phrase or wording as if they were an autistic parrot stuck in an echo chamber my antenna always go up. Such is their coverage in the Troy Davis execution.
For instance, when you Google “Troy Davis seven of nine” you yield page after page of lazy journalists who simply have copy-pasted their fellow lazy journalists’ copy-pasted articles and commentaries. It’s almost comical, until you remember that a cop lost his life and another man was executed because of what appears to be for his poor choices as a young man. The full wording usual runs something like this:
“Convicted murderer Troy Davis has been executed in the southern US state of Georgia despite seven of nine key witnesses recanting or changing their testimony since his trial.”
Now, this isn’t a post on the pros or cons of capital punishment. Indeed, this case has brought out the worst of passions amongst us. But I can respect — even if mostly disagreeing (but not all) — those who oppose capital punishment across the board, whether for mass murdering dictators or for burglaries gone wrong.
This post isn’t even necessarily about the innocence or guilt of Troy Davis. But you should be able to form your opinion given all of the facts. This has not occurred, from the coverage I’ve witnessed.
This is about how the media uses a case like that of Troy Davis to further an agenda, generally a left-leaning one.
You might be surprised to learn, for example, that there were no less than 34 witnesses for the prosecution in the original Troy Davis case. Not nine. Thirty-four.
You might also be surprised to learn that of the seven witnesses who recanted, all were fully found lacking by a 172-page opinion written by Judge William T. Moore. (Page 149 in Adobe) While Judge Moore does himself use the phrase “seven of nine” his opinion includes very detailed testimony of at least 28 persons (including Mr. Davis):
Not all recantations are created equal; a witness may recant only a portion of their testimony or the witness may recant in a manner that is not credible. To hear Mr. Davis tell it, this case involves credible, consistent recantations by seven of nine state witnesses. (Doc. 2 at 5-11.) However, this vastly overstates his evidence. Two of the recanting witnesses neither directly state that they lied at trial nor claim that their previous testimony was coerced. Supra Analysis Parts III.B.i (Antoine Williams), III.B.v (Harriet Murray). Two other recantations were impossible to believe, with a host of intrinsic reasons why their author’s recantation could not be trusted, and the recantations were contradicted by credible, live testimony. Id. Parts III.B.iii (Jeffrey Sapp), III.R.iv (Darrell Collins) . Two more recantations were intentionally and suspiciously offered in affidavit form rather than as live testimony, blocking any meaningful cross-examination by the state or credibility determination by this Court. Id. Parts III.B.vi (Dorothy Farrell), III.B.vii (Larry Young) . Moreover, these affidavit recantations were contradicted by credible, live testimony. While these latter two recantations are not totally valueless, their import is greatly diminished by the suspicious (149 Case 4:09-cv-00130-WTM Document 92-1 Filed 08/24/10 Page 87 of 112) way in which they were offered and the live, contrary testimony. Finally, Kevin McQueen’s recantation is credible, but his testimony at trial was patently false, as evidenced by its several inconsistencies with the State’s version of the events on the night in question. Id. Part III.Bii (Kevin McQueen). Accordingly, it is hard to believe Mr. McQueen’s testimony at trial was important to the conviction, rendering his recantation of limited value. Ultimately, four of Mr. Davis’s recantations do not diminish the State’s case because a reasonable juror would disregard the recantation, not the earlier testimony; and the three others only minimally diminish the State’s case.
[Page 169] Mr. Davis’s new evidence does not change the balance of proof from trial. Of his seven “recantations,” only one is a meaningful, credible recantation. Supra Analysis Part III.B. The value of that recantation is diminished because it only confirms that which was obvious at trial—that its author was testifying falsely. Id. Part III.B.ii (Kevin McQueen). Four of the remaining six recantations are either not credible or not true recantations and would be disregarded. Id. Parts III.B.i (Antoine Williams), III..iii (Jeffrey Sapp), III.B.iv (Darrell Collins), III.B.v (Harriet Murray). The remaining two recantations were presented under the most suspicious of circumstances, with Mr. Davis intentionally preventing the validity of the recantation from being challenged in open court through cross-examination. Id. Parts III.B.vi (Dorothy Ferrell), III.B.vii (Larry Young). Worse, these witnesses were readily available—one was actually waiting in the courthouse—and Mr. Davis chose not to present their recantations as live testimony.
Yet, over and again we hear “seven of nine,” “seven of nine,” “seven of nine.” Not 34, and certainly never the judge’s discrediting of those recantations in any detail.
One starts to think that the mainstream media wants you to believe there were only nine total witnesses in this case. In fact, the number nine doesn’t even come from the fact that there were just nine eyewitnesses, or that nine persons identified the shooter. It’s not particularly clear from where the number nine originated. (That also bespeaks of lousy journalism).
Did you know that Mr. Davis was accused not just of the shooting of Savannah Police Department Officer Mark MacPhail, but of earlier shooting and wounding another man earlier in the evening at a local neighborhood party (Michael Cooper)?
You might be surprised to learn that four witnesses photo-identified Davis as the MacPhail shooter (but this is the primary basis of the recantations); two witnesses told police that the following day Davis confessed to killing MacPhail (Jeffrey Sapp recanted; but Monty Holmes did not); at least another eight witnessed the shooting (albeit they did not identify Davis by facial recognition). A few of these witnesses included members of the United States Air Force (Lt. Col. Anthony Lolas, Sgt. Robert Grizzard).
At bare minimum the shooting occurred and was related to Officer MacPhail happening upon an altercation between a pistol-whipped victim (Larry Young), Mr. Davis and two of his companions (Sylvester “Red” Coles, Darren Collins). Davis is placed at the Burger King and identified as fleeing to the home of one of the companion’s mother in order to discard his shirt, which Davis does not mention (which does not help his case). According to the judge, Davis doesn’t even seem to be pursuing angles that could best assist his defense: “Further diminishing the value of this evidence is the fact that Mr. Davis had the means to test the validity of the underlying confessions by calling and impeaching Mr. [Sylvester] Coles, but chose not to do s0.”
Again, the document exists. Read it for yourself. You might even decide that Davis is innocent, and that’s reasonable because it’s an imperfect case — albeit terrifying if an innocent man was put to death. I didn’t, however. And again, if the argument is “never execute,” I respect that. But the facts do matter.
Form your own opinion. Because you can bet good money that your mainstream journalists and columnists won’t read that document, and won’t give you all the facts you need. They’ll just keep echoing “seven of nine” while they stir the masses and generate a political distraction to keep your mind off of, say, 9%+ unemployment and awful GDP.