If it hasn’t yet, the Georgia Board of Pardons and Paroles, reconsidering the death sentence of Troy Davis, ought to consult Dr. Elizabeth F. Loftus. According to Dr. Loftus’ seminal work, eye-witness testimony is terribly unreliable.
A man should not be put to death based solely on the testimony of eye-witnesses most of whom have since recanted.
Troy Anthony Davis (born October 9, 1968) was convicted of the August 19, 1989, murder of Savannah, Georgia police officer Mark MacPhail. MacPhail was working as a security guard at a restaurant when he intervened in an argument between several men in a nearby parking lot. He was shot in the heart and face without having drawn his gun. One of the men, Sylvester “Redd” Coles, went to police and implicated Davis in the killing, and Davis was arrested four days later. During Davis’ 1991 trial, many witnesses testified they had seen Davis shoot MacPhail. Two others testified that Davis had confessed the murder to them. The murder weapon was never found, and no physical evidence linked Davis to the crime. Throughout his trial and subsequent appeals, Davis has maintained his innocence. Davis was convicted and sentenced to death in August 1991.
(I discovered the work of this leading world authority on memory in the late 1990s, when I was writing and raging about the the recovered memory ruse. I also heard Dr. Loftus testify in court thereby securing a man’s liberty. As is obvious from the prominence of characters like Drs. Phil and Drew Pinsky, the profession of psychology is festooned with popularizers, poor thinkers and plain charlatans. Elizabeth F. Loftus has always stood apart.)
On the other hand, Joshua Komisarjevsky needs killing.
He and his accomplice, Steven Hayes (already waiting to die), were arrested at the scene of the crime—the Petit family home in Cheshire, Connecticut. He and Hayes had just killed all three—and raped two—of the women of the Petit family. They then proceeded to burn down the house.
UPDATE I (Sept. 20): “Breaking News vial Amnesty International: The Georgia Board of Pardons and Paroles denied clemency to Troy Davis on Tuesday. This means that very little is standing in the way of the state executing a potentially innocent man this Wednesday.” Amnesty International is “calling on the Board to reconsider its decision, and on the Chatham County (Savannah) District Attorney Larry Chisolm to do the right thing.”
More from Amnesty International:
Death penalty supporters like Bob Barr, former Texas Governor Mark White, and former FBI Director William Sessions also support clemency in this case, for the same reason. And at least three jurors from Davis’ trial have asked for his execution to be called off. Putting Troy Davis to death would be a grave injustice to those jurors who believe they sentenced Davis to death based on questionable information.
Although I want to see the Troy Davis death sentence commuted, I don’t like the way this cause celebre has the media omitting mention of the name of the victim. “A police officer from Savannah” is how this lot is referring to the late Mark Allen MacPhail. Google throws up not much about this heroic, off-duty officer. You have to dig:
The 27-year-old former Army Ranger was moonlighting on a security detail when he ran to help a homeless man, who had cried out because he was being pistol whipped. MacPhail was shot three times before he could draw his handgun.
Understandably, The victim’s widow, Joan MacPhail-Harris, has expressed the need for closure. She believes, however, that executing Davis will give her a sense of finality. Killing a man who may not have pulled the trigger is not the kind of closure a victim has the right to demand. A commutation of the death sentence would probably still mean life in jail for Davis. That should suffice.