By Kola Animashaun

Troy Davis, ( 42) was executed on September 21,2011, in the United States of America and some would say he merited his execution. Because he was found guilty of the death of an off- duty policeman, Mark MacPhail.

It seem the state and justice demanded an eye for an eye . But if we were to yield to Gandhi’s an eye for an eye makes the whole world blind, then the state should have commuted his crime to life imprisonment .

I , for one, will be the first to call for the death of Troy Davis, if he was “clearly” guilty beyond reasonable doubt. It is not as simple as that, you see Davis has been incarcerated for 20 years. And, in that 20 years, he has died “many times” – he had had a stay of execution about four times.

Whereas if you put someone in jail for life and later on find out you did it to the wrong person, you can let them out and they can live what is left of their life in freedom.

Although, Davis was the 33rd person executed this year and his case brought the death penalty the most attention.

There is still an overwhelming majority of support for the death penalty nationwide, although that support has softened in recent years because of questions that are raised in high profile cases like Davis. In the United States today, 34 of the 50 states still have the death penalty in place.

In the case of Troy Davis, it was the controversy surrounding the case, as it was believed by many that the accused was actually innocent.

The human rights group initiated a letter-writing campaign and delivered 4,000 letters to the clemency board. William Sessions, former FBI Director and a federal judge ,called on authorities to halt the execution process, writing that “it would be intolerable to execute the man without his claims of innocence ever being considered by the courts or the executive”.

Another Judge noted that two of the witnesses has changed theory recollections, and that no DNA was available to categorically clear Davis.

In December 2001, Davies filed a habeas corpus petition in the United States District court. It showed from 1996 onwards seven prosecution witnesses changed all or part of their trial testimony.

In 2008, Davis lawyers requested an emergency stay of execution, and three days later the 11th Circuit Court of Appeals issued a stay of execution to consider a newly-filled Federal habeas petition.

Davis supporters continued their appeals and actions; these included worldwide rallies and a petition with 140,000 signatures presented to the state board of Pardon and Paroles, and an appeal from European Union, calling for the death sentence to be commuted

Politicians and others such as Jesse Jackson Jr. and Sheila Jackson Lee , and former Texas District Attorney Sam D .Millsap, Jr. and the organisation Murder Victims Families for Reconciliation, jointly requested that the courts grant Davis a new trial..

U.S Congressman John Lewis spoke to the Georgia State Board of Pardons and Paroles, suggesting that Coles-one of the witnesses who had not recanted- was the real killer.

The representatives from the Council of Europe and European Parliament also spoke out on Davis ‘case, asking U.S authorities to halt the planned execution and calling for a new trial.

Davis was the eldest son of Korean War veteran and hospital worker mother. He dropped out of junior high school to care for his disabled junior sister. They described him as a straight up guy who act as a big brother to the local children.

On the other hand, MacPhail at 27, was the son of a U.S Army colonel, married and a father of a two- year- old daughter. He joined Savannah Police Department in 1986 after six years of Military service as an army Ranger.

Troy Davis case also was controversial because the person being executed is black. Some said that as the accused is black and the victim is white, that depending on the state and time period. That being black means that you’re several times more likely to be sentenced to death than some other combination of races.

Statistics show that there is a level disproportionality. It’s clear that more black people get executed, compared to their share of the population.

One expert said “The race of the alleged murderer in conjunction with the race of the victim—those things can matter. And that certainly is controversial because of course; race should not be a factor in this.”

So, was race the deciding factor? Well, the jury has retired and it is now consigned to history.

The evidence and maybe with improved forensic science and technology they may arrive at a different or same outcome, but then he would have been long dead .

In Davis’ parting words;” To the MacPhail family. Let you know despite the situation you are in -I’m not the one who personally killed your son, your father, your brother- I am innocent. The incident that happened that night is not my fault. I did not have a gun.

All I can ask is that you look deeper into this case so that you can finally see the truth. I ask my family and friends to continue to fight this fight. For those about to take my life , God have mercy on your souls, And may God bless your souls.”