[Deathpenalty] death penalty news----N.H., GA.

[Rick Halperin]

July 17



NEW HAMPSHIRE:

The death penalty: It's all in the execution


As New Hampshire prepares to pursue the death penalty against Michael
Addison, and possibly against Jay Brooks, the debate over this penalty's
usefulness has reignited. A few new studies should help anyone struggling
with the issue.

New Hampshire's people are not enthusiastic about having the state kill in
their name. That's good. It shows that respect for life and distrust of
government remain healthily high here. Those virtues, along with some
bleeding-heart liberalism, led to the Legislature repealing the death
penalty in 2000. (Gov. Jeanne Shaheen wisely vetoed the bill.) This year a
repeal bill failed in the House by only 12 votes. Death penalty opponents
will try again in 2009, long before Addison faces lethal injection if he
is convicted and receives the ultimate punishment.

The debate will intensify as the state's case against Addison moves
forward. As it does, here is something to consider. Several recent studies
have found that using the death penalty reduces murders, the Associated
Press reported last month.

"There is no question about it. The conclusion is there is a deterrent
effect," University of Colorado at Denver economics professor Naci Mocan,
author of one of the studies, told the AP.

Recent analyses found that each use of the death penalty saves between 3
and 18 innocent lives. That is, for every murderer executed, as many as 18
innocent people are saved because other would-be killers decide not to
risk their own lives by taking others.

Another way to look at it is that having the death penalty on the books is
not much of a deterrent if it is never used.

Of course, death penalty opponents are trying to discredit the studies.
And science is always improving methodologies, so this topic will be
examined again and again, with new evidence perhaps changing the
conclusions. But it is worth noting that Mocan, the Denver professor, is
no death penalty advocate.

"I oppose the death penalty. But my results show that the death penalty
(deters) -- what am I going to do, hide them?"

If it is true, as this research shows, that executing murderers saves more
innocent lives, wouldn't the state then have a duty to pursue the death
penalty against convicted killers as a means of protecting the public?
That would be the logical conclusion.

(source: Union Leader)

**************

Death penalty under fire in Legislature


2 active cases have New Hampshire taking a fresh look at the state's death
penalty law.

The Legislature voted to repeal the law seven years ago, but then-Gov.
Jeanne Shaheen vetoed the bill.

A repeal bill failed in the House this spring, but only by 12 votes. A new
repeal attempt is expected in 2009.

The issue has taken on new prominence because prosecutors plan to seek the
death penalty in 2 pending cases: those of Michael Addison, accused of
murdering a Manchester police officer last fall, and John "Jay" Brooks,
accused of soliciting people to help him kill a Derry handyman in 2005.
"We're going to be doing much more soul searching in this state," said
Rep. James Splaine, D-Portsmouth, sponsor of the last 2 repeal bills.

The trials are expected to play out through 2008 and 2009.

The narrow capital murder law applies to a half dozen crimes, including
killing a police officer, murder for hire and killing someone during a
kidnapping.

Prisoners who kill another while serving a life sentence, murder during a
rape and certain drug crimes also qualify.

But the state's last execution was in 1939, and the gallows at the state
prison were dismantled in the 1980s.

Splaine notes that 2 years ago, his repeal bill failed by 70 votes.

Death-penalty supporters say the ultimate punishment is needed, especially
for those who kill police officers.

"I guess I'm speaking from the perspective of a mother and grandmother,
but I feel like if someone takes another's life they shouldn't be able to
have visits from their mother in jail," said Rep. Laura Pantelakos,
D-Portsmouth. "The Bible says 'an eye for an eye.'"

Arnie Alpert is coordinator of the New Hampshire Coalition to Abolish the
Death Penalty.

"We need to help people get past the idea that if people aren't executed,
then somehow they're getting away with it," Alpert said.

Battles against the capital murder law are already under way in Addison's
case. His lawyers have filed 15 constitutional challenges to the law,
which they say was written without sufficient safeguards for the
constitutional rights of defendants.

Rep. David Welch, former chairman of the House Criminal Justice and Public
Safety Committee, said support for the death penalty has been receding in
recent years.

Welch, a death-penalty supporter, said that might change if New Hampshire
actually put someone to death.

"Having an execution might turn people around and finally move them enough
to get rid of it," he said.

(source: Associated Press)






GEORGIA:

Georgia man wins late stay of execution----Tonight's scheduled lethal
injection is delayed after parole board hears key witnesses recant.


A Georgia man scheduled to be executed tonight for killing a police
officer in 1989 won a temporary reprieve Monday evening after key
witnesses from his trial recanted their testimony before the state's
parole board.

After a 9-hour clemency hearing, the Georgia Board of Pardons and Paroles
granted Troy Anthony Davis, 38, a 90-day stay while it evaluates and
analyzes evidence.

By the time Davis heard the news, he had already been moved into a
solitary "death watch" cell at the state prison in Jackson, about 45 miles
south of Atlanta. Davis, who was to be killed by lethal injection at 7
p.m., still faces execution unless the parole board commutes his sentence
to life in prison.

"We're no longer under the gun," said Davis' defense attorney, Jason
Ewart. "But we still have more convincing to do. It's too soon for a
celebration."

A parade of witnesses joined Davis' mother, sisters and pastor behind
closed doors Monday. After five hours with Davis' supporters, the board
spent nearly four hours with prosecutors and the mother, widow and
children of slain Officer Mark Allen MacPhail.

The 5-member board deliberated for less than an hour.

Davis' case has drawn much scrutiny from legal scholars and death penalty
opponents, who say that in recent years strict federal regulations
governing death penalty appeals, coupled with Southern states' paltry
legal resources for death row inmates, have increased the possibility of
executing the innocent.

On Aug. 19, 1989, MacPhail, 27, an off-duty Savannah police officer
working as a security guard, rushed to help a homeless man who had been
assaulted outside a Greyhound bus station. McPhail was shot twice.

Without physical evidence, the case rested entirely on witnesses. A day
after the shooting, Sylvester "Red" Coles went to the police station with
a lawyer and implicated Davis.

Davis, in turn, insisted Coles committed the crime. But his initial state
habeas corpus appeal was handled by an underfunded defender organization
without the resources to investigate his claims.

By the time his legal team tracked down new witnesses, the courts said it
was too late to appeal.

Sixteen years after Davis' trial, seven of nine witnesses who helped
implicate him have recanted or contradicted their testimony, with many
saying they were intimidated by investigators. Coles, one of the two
remaining witnesses against Davis, has been incriminated by new witnesses.

However, Davis' attorneys have not been able to get a court to hear new
evidence because of a 1996 federal law intended to limit delays in death
penalty cases.

The Antiterrorism and Effective Death Penalty Act limited circumstances
under which federal judges may grant habeas corpus petitions in state
cases.

Since the U.S. Supreme Court allowed executions to resume in 1973, Georgia
has commuted eight sentences.

(source: Los Angeles TImes)

***********************

Convicted killer granted 90-day stay of execution


90- days. That's how long the Georgia Board of Pardons and Paroles has to
weigh the evidence in the case of Troy Davis.

Davis was scheduled to die today for killing a Savannah police officer in
1989. But yesterday he won a reprieve, after his lawyers argued that
several witnesses had recanted or changed their testimony.

Davis says his arrest was a case of mistaken identity. He says he has
"faith in God that God can turn this around." And a defense lawyer says
they're "no longer under the gun" and can present the rest of their case
to prove Davis wasn't the killer.

Prosecutors and the slain officer's family say Davis had a fair trial and
plenty of appeals that have all failed. The officer's widow calls the
decision "another sock in the stomach."

(source: KESQ News)

*****************

Man on Georgia's Death Row Receives a 90-Day Stay of Execution in '89
Death


Hours before he was scheduled to die by lethal injection, the Georgia
State Board of Pardons and Paroles on Monday granted a stay of execution
to a man convicted of killing a Savannah police officer in 1989.

The stay will give board members up to 90 days to evaluate and analyze
evidence  including support from eyewitnesses, celebrities and government
officials  that was presented by lawyers for the defendant, Troy A. Davis,
in a clemency hearing.

Representative John Lewis, Democrat of Georgia, addressed the board in
person. "I do not know Troy Anthony Davis," Mr. Lewis said. "I do not know
if he is guilty of the charges of which he has been convicted. But I do
know that nobody should be put to death based on the evidence we now have
in this case."

After the ruling, Mr. Davis, 38, spoke to reporters from prison through
his older sister's cellphone.

"I'm elated," he said. "I'm blessed and thankful. Im one step closer to my
freedom."

Mr. Davis has been on death row since 1991, when he was convicted of
killing Mark A. MacPhail, an officer working as a security guard at a bus
station who was shot trying to protect a homeless man being beaten for a
can of beer.

With no physical evidence against him and no murder weapon, prosecutors
relied heavily on nine eyewitnesses who testified that Mr. Davis had shot
Officer MacPhail.

Since his trial, 7 of the 9 eyewitnesses have recanted, saying they felt
pressure from the police to identify Mr. Davis. Other witnesses have come
forward saying they saw another man commit the crime.

Lawyers for Mr. Davis were buoyed by his stay but were still cautious. "We
scrambled," said Jason Ewart, a lawyer in Washington who is representing
Mr. Davis. "We think we presented our case. This board is in a tough spot.
They are the 1st to ever truly consider this evidence, and it's a heavy
burden."

Mr. Davis's older sister, Martina Correia, 40, of Savannah, said: "We're
so excited. But we still have to fight."

In an interview with The Associated Press, Joan MacPhail, Officer
MacPhail's widow, said she was disappointed by the decision of the board.
"I believe they are setting a precedent for all criminals that it is
perfectly fine to kill a cop and get away with it," Mrs. MacPhail said.

(source: New York Times)

********************

Georgia Board Grants Stay Of Execution to Consider Case


One day before he was to die by lethal injection, convicted cop killer
Troy Davis received a 90-day stay of execution Monday from a Georgia
clemency board, allowing him time to press his case that he has been the
victim of mistaken identity.

The prosecution's case against Davis, 38, has crumbled in the 16 years
since he was sentenced to death for shooting a police officer working a
security detail in Savannah. Most of the key witnesses in Davis's trial
have recanted their testimony, and some have said they lied under police
pressure.

But none of those witnesses testified during Davis's appeals -- in part
because federal courts barred their testimony -- and Davis was scheduled
to die at 7 p.m. Tuesday.

On Monday, however, 5 of the trial witnesses spoke before the state Board
of Pardons and Paroles, and the 5-member panel decided it would be willing
to hear more.

"Those representing Troy Anthony Davis have asserted that they can and
will present live witnesses and other evidence . . . to support their
contention that there remains some doubt as to his guilt," according to
the statement from the board.

The board then suspended the death sentence until Oct. 14. Before then, it
could reinstate the sentence or commute it to life in prison.

"It's not time to celebrate yet, but now we have some breathing room,"
said Jason Ewart, one of Davis's attorneys. "We still have some convincing
to do."

"I said, 'Thank you, Jesus, thank you, Jesus -- God, I know you was
listening,' " said Davis's mother, Virginia Davis. "I was only asking God
to turn it around so Troy's real story would be told."

But Joan MacPhail, the officer's widow, was critical of the board's
ruling.

"I believe they are setting a precedent for all criminals that it is
perfectly fine to kill a cop and get away with it," she told the
Associated Press. "It's tearing us up."

Davis's defense team and some legal scholars say that this case
illustrates the dangers wrought by decades of Supreme Court decisions and
new laws that have made appeals courts less likely to reconsider death
sentences.

After several trial witnesses recanted or altered their testimony, Davis's
attorneys asked for an evidentiary hearing, at which the new testimony
could be aired. But U.S. District Judge John F. Nangle denied the request,
citing a federal law that limits the reasons under which federal courts
can review death penalty cases.

"He's been waiting 16 years and no one has listened, they just turned
away," Virginia Davis said. "But today they listened."

Officer Mark Allen MacPhail was working an off-duty shift on Aug. 19,
1989, when a fight over a beer arose in a Burger King parking lot between
2 men. Responding to the commotion, MacPhail was shot in the chest and
face.

Lacking a gun or other physical evidence, police relied on witness
accounts to determine the shooter and then get a conviction.

Since the trial, however, 3 of 4 witnesses who testified that Davis shot
the officer have signed statements contradicting their identification of
the gunman. 2 other witnesses who told police that Davis had confessed to
the shooting have said they made it up. Other witnesses say it was another
man at the Burger King that night.

(source: Washington Post)

********************

Troy Davis Supporters Thrilled A 90-Day Stay Was Granted


It's another chance to save his life and Troy Anthony Davis supporters
couldn't be happier. "It's the best news; Martina called me, his sister,
and she said the good news. We got it. We have 90 days," said Aleta Toure,
a Davis supporter.

Toure, along with dozens of other volunteers, has been working to get one
message out that the wrong man is on death row. Davis has spent the past
15 years there for the 1989 murder of Savannah police officer Mark
McPhail.

He was scheduled to die by lethal injection Tuesday evening, but because
of the 90-day stay, that won't happen.

"What this milestone means is we have some time, we have time for lawyers,
time to get support and time to convince parole board," said Toure.

Monday the Board of Pardons and Paroles spent hours listening to both
sides. Before the decision was reached, Davis' sister, Martina Carreia,
said she knows how hard this has been on MacPhail's family, but strongly
believes the wrong man has been accused. "I have prayed for his family. I
have prayed for peace and understanding, but killing Troy when there is so
much doubt and possible innocence, dishonors his memory," she said.

Davis' family is thrilled with the decision, but know they still have a
long road ahead of them. They will have to try to prove once again that
Davis is not guilty of the crime.

Time after time, his appeals were turned down, but at this moment they are
hopeful that with this chance his life will be saved.

(source: WTOC News)

************************

The Execution Tapes: Georgia's Secret Audio Recordings of 2 Executions


In 2001, radio producer Dave Isay released "The Execution Tapes," 19
recordings of electrocutions carried out by the state of Georgia since
1984. They remain the only recordings of executions in the United States.
They were recorded internally by the Georgia Department of Corrections as
a secret official record of the executions.

--------------------------------------------------------------------------------

The case of Troy Anthony Davis has renewed debate over issues of the death
penalty and race in this country. But it's not the first time the
controversy has come out of Georgia's prison system. In 2001, radio
producer Dave Isay released "The Execution Tapes," 19 recordings of the 23
electrocutions carried out by the state of Georgia since 1984. They remain
the only recordings of executions in the United States. They were recorded
internally by the Georgia Department of Corrections as a secret official
record of the executions.

Today, we will hear 2 of the recordings. We begin with the execution of
Ivon Ray Stanley, electrocuted on July 12, 1984. Stanley was convicted of
being an accomplice, but not the trigger man, in the murder of an
insurance salesman. The man convicted for the direct killing had his death
sentence commuted to life in prison. Ivon Ray Stanley had an IQ of 62.

What follows is a recording of a phone conversation between top
corrections officials in Atlanta and the prison personnel in a room next
to the death chamber. The main speaker is Willis Marable, an assistant to
the warden at the Georgia Diagnostic and Classification Prison in Jackson,
Georgia, where all of the state's executions are carried out. Listen
carefully.

Audiotape of the Execution of Ivon Ray Stanley on July 12, 1984

We turn now to another recording from The Execution Tapes. Alpha Otis
O'Daniel Stephens was killed by electrocution on December 12, 1984. His
was a so-called botched execution because it took more than one attempt to
take his life. Stephens remained alive after the initial two-minute jolt
to his body. He was electrocuted again after doctors pronounced him still
alive following a six-minute pause. The total execution took more than 20
minutes. The recording is made from inside the death chamber. Again,
listen carefully.

Audiotape of the Execution of Alpha Otis O'Daniel Stephens on December 12,
1984

That was a recording from the execution of Alpha Otis O'Daniel Stephens.
The execution actually lasted more than twenty minutes. To hear the full
recordings from "The Execution Tapes", go to Dave Isay's website at
SoundPortraits.org

AMY GOODMAN: The case of Anthony Troy Davis has renewed debate over issues
of the death penalty and race in this country, but it's not the 1st time
the controversy has come out of Georgias prison system. In 2001, radio
producer Dave Isay released "The Execution Tapes," 19 recordings of the 23
electrocutions carried out by the State of Georgia since 1984. They remain
the only recordings of executions in the United States that we know of.
They were recorded internally by the Georgia Department of Corrections as
a secret official record of the executions.

Today, we'll hear 2 of the recordings. We begin with the execution of Ivon
Ray Stanley, electrocuted July 12, 1984. Stanley was convicted of being an
accomplice, but not the triggerman, in the murder of an insurance
salesman. The man convicted for the direct killing had his death sentence
commuted to life in prison. Ivon Ray Stanley had an IQ of 62.

What follows is a recording of a phone conversation between top
corrections officials in Atlanta and the prison personnel in a room next
to the death chamber. The main speaker is Willis Marable, an assistant to
the warden at the Georgia Diagnostic and Classification Prison in Jackson,
Georgia, where all the state's executions are carried out. Listen
carefully.

WILLIS MARABLE: This is a recording of the execution of Ivon Ray Stanley,
EF103603, July the 12th, 1984. Colonel Low, Micky?

UNIDENTIFIED VOICE: Yes.

WILLIS MARABLE: The witnesses are now entering the witness room.

UNIDENTIFIED VOICE: OK.

WILLIS MARABLE: The state witnesses have entered the witness room and have
seated themselves on the front row. At this time, the news media witnesses
are entering. All witnesses have arrived and have seated.

UNIDENTIFIED VOICE: Let's proceed. We can proceed if you're ready.

WILLIS MARABLE: Colonel Low, Mickey, the warden has entered the execution
chamber at this time, approaching the microphone and is in the process of
briefing all witnesses to remain quiet and to avoid any unnecessary
movement. He is also advising them that medical assistance is available if
needed. The warden at this time is in the process of confirming all
witnesses. All witnesses have been confirmed. The warden is in the process
of advising all witnesses that we will now proceed with the court-ordered
execution of Ivon Stanley. Mickey, Colonel Low?

UNIDENTIFIED VOICE: Yes.

WILLIS MARABLE: We're still waiting for the execution team members to
bring him into the execution chamber.

UNIDENTIFIED VOICE: We'll just stand by and keep [inaudible].

WILLIS MARABLE: Colonel Low, Mickey?

UNIDENTIFIED VOICE: Yes.

WILLIS MARABLE: The execution team is now in the process of escorting the
condemned into the execution chamber. He is walking, unassisted, walked
straight to the chair and has seated himself in it. One of the execution
team members is now in the process of securing the back strap. The other
members are in the process of securing the arm straps and leg straps. The
back strap is secure at this time. Both arm straps are secure at this
time. They are still in the process of securing the leg straps. At this
time, the condemned has been secured in the chair. He is not moving. He is
just sitting there very passively, staring out at the witnesses.

The superintendent has afforded the condemned an opportunity to make a
last statement. He has declined to make a last statement.

UNIDENTIFIED VOICE: Are you ready to die now?

WILLIS MARABLE: He is afforded the opportunity for prayer. He declined
this also. The warden is now in the process of reading the essential court
order to the witnesses and to the condemned.

RALPH KEMP: The court has [inaudible] the defendant Ivon Ray Stanley on
the 15th of January, 1977, in accordance to the laws of Georgia.

WILLIS MARABLE: The condemned is still sitting there very passively, no
movement, staring out to the witnesses. The superintendent is still in the
process of reading the court order to the condemned. At this time, the
superintendent has completed reading the essential court order.

The execution team members are now entering the execution chamber with the
headset and the leg band. 1 member is in the process of securing the leg
band to the fleshy part of the inmate's right leg. 2 members of the
execution team is in the process of securing the headset to the condemned.
The condemned has offered no resistance throughout. He's just sitting
there very passively, not moving. The leg band has been secured to the
condemned's right leg, and also the headset has been secured to his head.

Perspiration is now being wiped from the forehead of the condemned, and he
is secure and ready for execution, with the exception of the hood being
placed over his head and the wires being attached to the leg band and to
the headset. The electrician now has entered the execution chamber and is
in the process of securing the wire to the headset.

UNIDENTIFIED VOICE: They're moving very well. Its a good time to do it
right now. Marable?

WILLIS MARABLE: Yes, sir?

UNIDENTIFIED VOICE: Stand still. Mickey, put William Hill on.

WILLIAM HILL: Hello?

UNIDENTIFIED VOICE: William, OK. [inaudible].

WILLIAM HILL: OK.

MICHAEL BOWERS: Bill, it's Mike. Have you got any reason why the execution
shouldn't be carried out?

WILLIAM HILL: No, I don't.

MICHAEL BOWERS: Thank you.

WILLIAM HILL: Alright.

WILLIS MARABLE: Colonel Low?

COLONEL LOW: Yes.

WILLIS MARABLE: Mickey, the wires have been attached and secured to the
headset and to the leg band. The perspiration has been wiped again from
the condemned's forehead and the hood is being placed on at this time. The
face hood has been secured. The warden and all the execution team members
have departed the execution chamber. Stand by for the warden's last
telephone check.

COLONEL LOW: Ralph, this is the commissioner.

RALPH KEMP: Yes, sir.

COLONEL LOW: There are no stays. You can proceed to carry out the official
order of the court.

RALPH KEMP: Very well. On my count of 3, press your buttons. One, two,
three.

WILLIS MARABLE: Colonel Low?

COLONEL LOW: Yes.

WILLIS MARABLE: Mickey? The execution is now in progress. They -- when the
1st surge entered his body, he stiffened, and I heard a pop, as if one of
the straps broke, but I can't tell from this vantage point. He is still at
this time sitting there with clinched fists, with no other movement. He's
slowly relaxing at this time. The 1st phase of the execution is completed.

We are now entering the 2nd phase. The 2nd phase is completed at this
time. We are now into the third and final stage. From my vantage point, it
seems that the inmate has relaxed somewhat. His fists are still clinched,
but there is no movement from the condemned. There is still no movement
from the individual. He's still just sitting there.

UNIDENTIFIED VOICE: Is the 3rd phase completed?

WILLIS MARABLE: We're still into the 3rd phase. 3rd phase and execution is
completed. We're now into the 5 minutes lapse time. It appeared when the
execution was completed and the power was off, he relaxed somewhat more
than he was. It was pretty visible that he relaxed even more than what it
seemed before.

UNIDENTIFIED VOICE: Any reaction from the witnesses?

WILLIS MARABLE: They're sitting very still, just observing. I see 1 or 2
of the media writing notes, taking notes, but other than that, they're
just sitting, staring into the execution chamber. Colonel Low, Mickey?

UNIDENTIFIED VOICE: Yes.

WILLIS MARABLE: We have now completed two minutes of the five minutes
lapse time. There's still no -- very little movement from any of the
witnesses. No one even taking notes at this time. They're just sitting
there staring into the execution chamber.

UNIDENTIFIED VOICE: Are we about ready to go in?

UNIDENTIFIED VOICE: Weve got a few more seconds.

WILLIS MARABLE: Colonel Low, Mickey? We have now completed five minutes
lapse time. Stand by for the -- the doctors are now preparing to enter the
execution chamber to check for life signs. The first physician has
completed his examination. The 2nd is now in the process of making his
check. The second doctor has now completed his examination. The 3rd and
final doctor is in the process of making his check. The examination is
completed. Stand by for the superintendent's time of death and
confirmation of death.

SUPERINTENDENT: Approximately 12:24, July the 12th, 1984, the
court-ordered execution of Ivon Ray Stanley is carried out.

WILLIS MARABLE: The superintendent has advised all witnesses that death
did occur at 12:24 this date. He has instructed all witnesses to depart
the witness room and to be transported back to the front of the
institution. Curtains are drawn at this time. Colonel Low, Mickey?

UNIDENTIFIED VOICE: Yes.

WILLIS MARABLE: That completes it.

UNIDENTIFIED VOICE: Marable, see if you can find what that snap, pop, that
you were talking about a while ago.

WILLIS MARABLE: I think it was just the electricity arc. I don't think any
strap broke or anything. He just jerked real hard and caused the
electricity to arc.

UNIDENTIFIED VOICE: OK.

WILLIS MARABLE: Now, the electrician is now in the process of taking the
wire from the headset. They have removed the hood, the face hood, and are
in the process now of taking or removing the headset. The headset has been
removed. The electrician is now in the process of removing the electrical
wire from the leg band. The electrical wire has been removed from the
condemned's right leg. He is being removed from the electric chair at this
time and being placed on the stretcher. He is being removed from the
execution chamber at this time, and the execution team members are taking
him to the autopsy room. That's all I can see, Colonel Low.

COLONEL LOW: Is the warden available?

WILLIS MARABLE: Just a minute.

RALPH KEMP: Hello?

COLONEL LOW: You and your staff did an excellent job. We appreciate it
very much.

RALPH KEMP: OK. We had a little bit of a scare. I don't know if they
relayed it to you or not, that --

COLONEL LOW: Pop.

RALPH KEMP: The popping sound.

COLONEL LOW: Yes.

RALPH KEMP: We were thinking what happened, because he sat there for that
three minutes, that the water in the sponge on his leg ran out -- by his
foot, rather, by his foot. And we're thinking that it was just like a
little bolt of lightning.

COLONEL LOW: Did you see anything?

RALPH KEMP: No. They said, Colonel Hardison and the other people in the
witness room said they didn't see anything like that. Now, I still feel
good about it, really.

COLONEL LOW: It ran too smooth, Ralph, but don't screw it up next time.

RALPH KEMP: OK.

COLONEL LOW: Mike Bowers wants to say something now.

RALPH KEMP: OK.

MICHAEL BOWERS: Ralph, this is Mike. I second what Dave said. Very smooth
job.

RALPH KEMP: OK. We appreciate it. Just give us another one.

COLONEL LOW: Marable?

RALPH KEMP: Just a second, Colonel.

WILLIS MARABLE: Colonel Low?

COLONEL LOW: Marable?

WILLIS MARABLE: Yes, sir.

COLONEL LOW: I want to thank you.

WILLIS MARABLE: You're quite welcome, sir. Anytime.

COLONEL LOW: Good night.

WILLIS MARABLE: Good night, sir.

AMY GOODMAN: A tape recording of the execution of Ivon Ray Stanley, killed
by electrocution July 12, 1984. His IQ, 62.

Next, we're going to play the recording of a botched execution, but first
we turn back now to our guest in Atlanta, Chris Adams, director of the
Georgia Capital Defender, a public office providing representation and
support in death penalty cases. As you listened to this, Chris, these
tapes secret for a long time, made by the state of Georgia, furious that
these tapes were let out to the public, acquired by a lawyer who worked on
death penalty cases named Michael Mears. David Isay, the well-known Public
Radio producer, got the execution tapes and had them played. Well, NPR
nationally wouldn't play them, but together with WNYC they released the
tapes, and on Democracy Now! we also spent an hour. This was in 2001. But,
Chris, the significance of this tape, when it came to electrocution in
Georgia?

CHRIS ADAMS: What happened is the court had been struggling with --
Georgia was one of the last states that used execution as a method --
electrocution as a method of execution. And these tapes, when they came
out, that pretty much did away, and our state supreme court declared that
this was cruel and unusual punishment. And the State of Georgia then
shifted to lethal injection, which has worked equally as barbarically as
electrocution did.

AMY GOODMAN: Who determined that lethal injection is less barbaric than
electrocution?

CHRIS ADAMS: I think there was a national movement to try to eliminate
people from our society at the hands of the government in a more humane
way, and lethal injection became the law in many states, including Texas
and other places. And Georgia shifted around 2000 and 2001 to lethal
injection.

AMY GOODMAN: Chris Adams of Georgia Capital Defender. We're now going to
go to the second tape. We turn to the tape recording from "The Execution
Tapes." Alpha Otis ODaniel Stephens was killed by electrocution on
December 12, 1984. His was a so-called "botched" execution, because it
took more than one attempt to take his life. Stephens remained alive after
the initial two-minute jolt to his body. He was electrocuted again after
doctors pronounced him still alive following a six-minute pause. The total
execution took more than 20 minutes. This recording was made from inside
the death chamber. Again, listen carefully.

UNIDENTIFIED: Carry out the execution by the order of the court. Theres no
reason to delay.

UNIDENTIFIED: Very well. On my count of 3, press your buttons. One, two,
three.

WILLIS MARABLE: The execution now has begun. There was one small jerk from
the condemned at the time the execution was initiated. He is sitting very
still now, and we are also now into the second phase of the execution. We
are now into the 3rd phase of the execution. No movement from the
condemned. No activity, no movement from the witnesses. He appears to be
relaxing a little bit more now. There's sixty seconds remaining on the 3rd
phase of the execution. There is a slight movement from the condemned's
head. He seems to be moving his head from side to side slightly.

UNIDENTIFIED: I show the time is 12:19.

WILLIS MARABLE: Commissioner, he is still moving his head, and he seems to
have slumped down in a relaxing-type position in the chair. But his head
is moving from side to side slightly.

Commissioner, Mr. Low, the execution is completed at this time. The
electrical panel box is secured and locked. I do not detect any movement
from the condemned at this time. He seems to have stopped moving his head
and also his arms.

UNIDENTIFIED: I show the time is 12:20.

UNIDENTIFIED: You are in the lapse time countdown, is that correct?

WILLIS MARABLE: Yes, sir. We're into the first minute of the lapse time
now. No movement from any of the witnesses, and at this time no movement
from the condemned. We have now completed 1 minute of lapsed time, four
minutes remaining. 2 minutes of lapsed time completed at this time, 3
minutes remaining. Still very little movement from any of the witnesses,
and I detect no movement from the condemned at this time.

UNIDENTIFIED: I show the time is 12:22.

WILLIS MARABLE: Commissioner?

COMMISSIONER: Yes?

WILLIS MARABLE: Mr. Low?

COLONEL LOW: Yes.

WILLIS MARABLE: There is some slight movement. He's still moving his head
slightly. The only thing we can do is continue until the physicians can
check him after the lapse time has expired.

COLONEL LOW: Don't vary from your checklist.

WILLIS MARABLE: OK, sir. OK, we have completed 3 minutes of lapsed time,
two minutes remaining. Commissioner? Mr. Low?

COLONEL LOW: Yes.

WILLIS MARABLE: He is still moving his head slightly, kind of a bobbing
up-and-down movement. Commissioner?

COMMISSIONER: Yes.

WILLIS MARABLE: Mr. Low? We have completed 4 minutes of lapsed time. We
have 1 minute remaining. And from my vantage point I do detect or it seems
to be that he is breathing. Commissioner? Mr. Low? We have completed the 5
minutes lapsed time. Stand by for the physicians' check. Commissioner?

COMMISSIONER: Yes?

WILLIS MARABLE: It appears the doctors agree with me that he's still
breathing. You want us to check him and then go through it again, or just
go ahead and go through it again?

COMMISSIONER: Check him, and then go through it again. Definitely check
him. Don't vary from the checklist.

WILLIS MARABLE: Alright.

COMMISSIONER: Have them check him.

WILLIS MARABLE: OK. [inaudible] We're going to do it again?

UNIDENTIFIED: It doesnt say so.

WILLIS MARABLE: OK.

UNIDENTIFIED: It remains on.

WILLIS MARABLE: OK.

UNIDENTIFIED: The time is 12:26 and 30 seconds.

WILLIS MARABLE: Commissioner?

COMMISSIONER: Yes.

WILLIS MARABLE: The doctors have verified that he is still alive.

COMMISSIONER: Repeat the execution.

WILLIS MARABLE: Very well. You ready to go again?

COMMISSIONER: Better check all the connections. Val?

VAL: Yes, sir.

COMMISSIONER: Did you tell the witnesses that you're repeating?

VAL: No, I didn't.

COMMISSIONER: I think you should tell them.

VAL: OK. You want me to just advise them that --

COMMISSIONER: Just advise them --

VAL: -- repeating the process and not go into any detail?

COMMISSIONER: That's right.

VAL: OK.

WILLIS MARABLE: Commissioner? The superintendent is entering the execution
chamber and approaching the mic at this time to advise the witnesses that
we will proceed again with the execution.

COMMISSIONER: Well, listen, you can't tell them -- tell them there were
some vital signs remaining, so the execution will repeat. See if you can
get that message to them.

WILLIS MARABLE: It's too late now. He's already briefed them, and he's on
the way back in, sir.

COMMISSIONER: Fine, alright.

UNIDENTIFIED: I show the time is 12:28.

UNIDENTIFIED: OK, Commissioner, we'll proceed at this time.

COMMISSIONER: Proceed.

UNIDENTIFIED: On my count of 3, you press your button. One, two, three.

WILLIS MARABLE: Commissioner? Mr. Low? The execution is initiated again at
this time. The condemned made one big jerk, and now he is relaxing in the
chair. I do not detect any other movement from the condemned at this time.
We have completed the 1st and 2nd phase of the execution. We are now into
the 3rd phase. I do detect his head moving from side to side again. We're
still into the third phase of the execution. Commissioner? Mr. Low?

COMMISSIONER: Yes.

WILLIS MARABLE: He is still at this time moving his head from side to side
and appears to be breathing. We'll continue it just like we did
previously.

UNIDENTIFIED: We're going to have to check that [inaudible].

WILLIS MARABLE: We have 15 seconds remaining on the 3rd phase of the
execution. Commissioner, Mr. Low, the 3rd phase of the execution is
completed. The equipment is switched off, secured at this time. We are now
into the 5-minutes lapse time.

COMMISSIONER: What is the status on the condemned?

WILLIS MARABLE: Sir, he appears to be breathing to me.

COMMISSIONER: You're going to have to have them check those sponges and
check their connections or something. Theres something they don't have
connected right, Willis.

WILLIS MARABLE: Yes, sir. Do you want us to go ahead and complete this
whole thing and then --

COMMISSIONER: Yeah, complete the phase, and then youre going to have to
make the check.

WILLIS MARABLE: OK, sir. Commissioner, Mr. Low, we have completed one
minute of lapse time. We have four minutes remaining. I might also advise
at this time that I do not detect any movement from him at this time. He
appears to have stopped moving. Still no movement from any of the
witnesses. They were just sitting very still, observing the condemned in
the chair.

UNIDENTIFIED: I show the time at 12:32.

WILLIS MARABLE: We have now completed 2 minutes of phase time, lapse time.
We have three minutes remaining. I might also add that I do not detect any
movement from the condemned. Commissioner, Mr. Low, we have now completed
3 minutes lapse time. We have two minutes remaining. There is still no
movement from the condemned. Commissioner, Mr. Low, we have completed four
minutes of lapse time. We have one minute remaining. Still no detectable
movement from the condemned. He does seem to have stopped moving entirely.
Commissioner, Mr. Low, we have completed our five minutes lapse time.
Stand by for the physicians' check.

At this time, the superintendent and the two physicians are entering the
execution chambers for their check. The first doctor is now in the process
of making his check for vital signs.

UNIDENTIFIED: I show the time at 12:36. I show the time is 12:37.

WILLIS MARABLE: The 2nd doctor is still in the process of conducting his
check for vital signs. The superintendent is at this time, Commissioner,
Mr. Low, is still in the process of briefing the witnesses that at 12:37
hours this date the condemned was pronounced dead. He has instructed all
witnesses to depart the witness room. Back to the front of the
institution. At this time, the curtains are drawn.

AMY GOODMAN: That was a recording from the execution of Alpha Otis
O'Daniel Stephens. The execution actually lasted more than 20 minutes. To
hear the full recordings from "The Execution Tapes," you can go to Public
Radio producer Dave Isay's website at soundportraits.org. And if you'd
like to get a copy of today's broadcast, the DVD that has the
transcription of these audiotapes that were secret for so long, recorded
by the State of Georgia, you can get the DVD by going to our website at
democracynow.org.

To purchase an audio or video copy of this entire program, click here for
our new online ordering or call 1 (888) 999-3877.

(source: Democracy Now!)

***************


URGENT ACTION APPEAL


Note: Please write on behalf of these persons even though you may not have
received the original UA when issued on July 3, 2007. Thanks!

17 July 2007

Further information on UA 170/07 (3 July 2007) - Death penalty / Legal
concern

USA (Georgia) Troy Anthony Davis (m), black, aged 38

On 16 July, less than 24 hours before Troy Davis was scheduled to be
executed in Georgia, the state Board of Pardons and Paroles issued a stay
of execution, to be not longer than 90 days, ''for the purpose of
evaluating and analyzing'' the information submitted to it during the
clemency hearing earlier in the day.

Troy Davis has been on death row for more than 15 years for the murder of
a police officer which he maintains he did not commit. Many of the
witnesses presented by the prosecution at the trial have since recanted or
contradicted their testimony. Among the thousands of people who have
appealed for clemency are Archbishop Desmond Tutu, former FBI Director
William Sessions, and the Secretary General of the Council of Europe. The
case has also generated substantial coverage in the media, with widespread
recognition that the evidence against Troy Davis, as an editorial in the
Los Angeles Times put it, is ''shaky''.

In its order staying the execution, the parole board wrote that its
members ''will not allow an execution to proceed in this State unless and
until its members are convinced that there is no doubt as to the guilt of
the accused''. It further noted that ''those representing Troy Anthony
Davis have asserted that they can and will present live witnesses and
other evidence to the members of the Board to support their contention
that there remains some doubt as to his guilt''. It ordered that the
execution be suspended until midnight on 14 October 2007, or earlier if
the board issues another order lifting the stay.

Troy Davis was convicted in August 1991 of the murder of 27- year-old
Officer Mark Allen MacPhail (note corrected spelling), who was shot and
killed in the car park of a Burger King fast food restaurant in Savannah,
Georgia, in the early hours of 19 August 1989. Troy Davis was also
convicted of assaulting Larry Young, a homeless man, who was accosted and
struck across the face with a pistol immediately before Officer MacPhail
was shot. At the trial, Troy Davis admitted that he had been at the scene
of the shooting, but claimed that he had neither assaulted Larry Young nor
shot Officer MacPhail.

There was no physical evidence against Troy Davis and the weapon used in
the crime was never found. The case against him consisted entirely of
witness testimony. In affidavits signed over the years since the trial,
all but three of the state's non-police witnesses have recanted their
testimony. One of the three non-recanting witnesses is a man who has not
been located for interview by Davis's appeal lawyers. Another, while not
recanting, has contradicted her trial testimony. The third non-police
witness who has not recanted his testimony is Sylvester Coles, who was the
principle alternative suspect, according to the defense at the trial, and
against whom there is new witness testimony implicating him as the gunman.

Others have recanted their testimony against Troy Davis. In 1989, Kevin
McQueen was detained in the same jail as Davis. McQueen told the police
that during this time Troy Davis had confessed to shooting Officer
MacPhail. In a 1996 affidavit, McQueen retracted this statement, saying
that he had given it because he wanted to ''get even'' with Davis
following a confrontation he said the two of them had had. Monty Holmes
testified against Troy Davis in a pre-trial hearing, but did not testify
at the trial because, according to a 2001 affidavit, he did not want to
repeat this false testimony. Jeffrey Sapp testified that Troy Davis had
told him that he had shot the officer. Recanting his testimony in a 2003
affidavit, he stated that under ''a lot of pressure'' from police, he had
testified against Troy Davis.

At the trial, eyewitness Dorothy Ferrell identified Troy Davis as the
person who had shot Officer MacPhail. In a 2000 affidavit, she stated that
she had not seen who the gunman was, but testified against Davis out of
fear that if she did not, because she was on parole at the time, she would
be sent back to jail. In a 2002 affidavit, Darrell Collins, 16 years old
at the time of the crime, said that the day after the shooting, 15 or 20
police officers came to his house, and ''a lot of them had their guns
drawn''. They took him in for questioning, and ''after a couple of hours
of the detectives yelling at me and threatening me, I finally broke down
and told them what they wanted to hear. They would tell me things that
they said had happened and I would repeat whatever they said - testified
against Troy at his trial - because I was still scared that the police
would throw me in jail for being an accessory to murder if I told the
truth about what happened'' Larry Young, the homeless man who was accosted
on the night of the murder, implicated Troy Davis as the man who had
assaulted him. His affidavit, signed in 2002, offers further evidence of a
coercive police investigation into the murder of their fellow officer:
''After I was assaulted that night  some police officers grabbed me and
threw me down on the hood of the police car and handcuffed me. They
treated me like a criminal; like I was the one who killed the officer
They made it clear that we weren't leaving until I told them what they
wanted to hear. They suggested answers and I would give them what they
wanted. They put typed papers in my face and told me to sign them. I did
sign them without reading them.'' In his 2002 affidavit he said that he
''couldn't honestly remember what anyone looked like or what different
people were wearing.''

Antoine Williams, a Burger King employee, had just driven into the
restaurant's car park at the time the shooting occurred. At the trial, he
identified Troy Davis as the person who had shot Officer MacPhail. In 2002
he stated that this was false, and that he had signed a statement for the
police that he could not and did not read: ''Even today, I know that I
could not honestly identify with any certainty who shot the officer that
night. I couldn't then either. After the officers talked to me, they gave
me a statement and told me to sign it. I signed it. I did not read it
because I cannot read. At Troy Davis's trial, I identified him as the
person who shot the officer. Even when I said that, I was totally unsure
whether he was the person who shot the officer. I felt pressured to point
at him because he was the one who was sitting in the courtroom. I have no
idea what the person who shot the officer looks like.''

Due to the procedural obstacles facing a death row inmate seeking a
hearing on post-conviction evidence, Troy Davis has had no such hearing on
the current state of the witness testimony. At oral arguments in front of
a three-judge panel of the federal 11th Circuit Court of Appeals in
September 2005, one of the judges expressed concern that Troy Davis had
not been granted a federal hearing to present the post- conviction
evidence. She asked, ''If these people say, 'I was coerced by the police,'
how could [the lower federal judge] reject that without a hearing?'' She
reportedly suggested that without the testimony of the various trial
witnesses who had now recanted, the state appeared to have no case.
However, in September 2006, the 11th Circuit Court upheld the federal
judge's ruling, and on 25 June 2007 the US Supreme court refused to
intervene. For a full report on this case, see USA: 'Where is the justice
for me?' The case of Troy Davis, facing execution in Georgia, February
2007, http://web.amnesty.org/library/index/engamr510232007.

FURTHER RECOMMENDED ACTION: Please send appeals to arrive as quickly as
possible, your own words:

- welcoming the Board's decision to stay the execution of Troy Anthony
Davis to consider the evidence of his claim of innocence;

- noting the widespread concern that this case has generated inside the
USA, reflecting the greater recognition and concern today around the
country about the potential for irrevocable error in capital cases;

- reiterating that many of the witnesses who testimony was used against
Troy Davis at his trial have since recanted their trial testimony, and
that there is new evidence against an alternative suspect in the case;

- noting that the power of clemency in capital cases exists as a failsafe
against irreversible error;

- calling on the Board to take the extra step and to commute the death
sentence of Troy Davis.

APPEALS TO:

State Board of Pardons and Paroles
2 Martin Luther King, Jr. Drive, SE
Suite 458, Balcony Level, East Tower
Atlanta, Georgia 30334-4909, USA
Fax: 1 404 651 8502
Email: Clemency_Information at pap.state.ga.us.

Salutation: Dear Board members

PLEASE SEND APPEALS IMMEDIATELY.

Amnesty International is a worldwide grassroots movement that promotes and
defends human rights.

This Urgent Action may be reposted if kept intact, including contact
information and stop action date (if applicable). Thank you for your help
with this appeal.

Urgent Action Network
Amnesty International USA
600 Pennsylvania Ave SE 5th fl
Washington DC 20003
Email: uan at aiusa.org
http://www.amnestyusa.org/urgent/
Phone: 202.544.0200
Fax: 202.675.8566

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END OF URGENT ACTION APPEAL

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