Saturday, November 15, 2008

Updated Actions from Amnesty I-USA: Troy Davis and Others

After consulting again with Troy Davis' legal team and family, the folk at Amnesty have evidently posted this as the current updated action at the Amnesty Action Center. (please keep coming back in case there is any more updating.) For Troy go
Here

Also go here for other actions with goal of stopping other executions:
Here

Here's the recommended strategy from Brian at Amnesty I/USA for any who plan to act to help save Troy's life:

The new target is Governor Perdue, whom we believe does have the power to commute Troy's sentence (though not to grant him a pardon or parole). Briefly, according to the Georgia Constitution, the State Board of Pardons and Paroles does not have "exclusive" authority to commute sentences in death penalty cases. After the Georgia Constitution was ratified, the Georgia Legislature divested the Governor of the power to grant pardons or paroles, but it has never divested the Governor of the power to commute sentences, including death sentences. Based on this, and on the fact the the Board of Pardons and Paroles has rather definitively stated that it will not reverse its decision to deny clemency, we believe that sending appeals to the Governor is a more effective approach; of course, while the case remains in the courts, we won't be pursuing this action too aggressively.

Right now (Tuesday, Nov. 11) Troy's attorneys have filed their brief with the 11th Circuit arguing why he should be allowed to filed a second habeas petition with the federal district court. The state of Georgia was given up to 10 calendar days to respond, so anytime between now and November 20 the state's brief will be filed. Then the Court will decide whether or not to grant Troy his permission. We don't know whether that decision will happen quickly (within days), or slowly (months). Should Troy's appeal for permission be rejected, the state would probably move to set another execution date, though we believe it would be unlikely that they would try to schedule something too close to the Christmas holidays ... if Troy's petition is accepted, a new federal habeas process would begin which would likely take months or years to complete ... In that case, we would of course stop any actions calling for clemency or commutation.

That's the latest, and we will keep you posted as things develop ... Thank you so much for all the great work you all are doing, and please forward to all who might be interested,

Brian Evans
Amnesty International USA
202-544-0200 x 496

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