The Silenced Majority: Stories of Uprisings, Occupations, Resistance, and Hope (26 page)

The LifeAid operator that November morning, hearing the exchange live, called the White Plains police in a desperate attempt to cancel the call for emergency medical aid. Chamberlain’s niece, who lives in the building, ran down, trying to intervene. Chamberlain’s sister was on her cell phone, offering to talk to her brother. The police denied any attempt at help. One was heard on the recording saying, “We don’t need any mediator.”

The heavily armed police used a special device to take Chamberlain’s door completely off the hinges and, as chillingly captured in the Taser-mounted camera, burst into the apartment. Mayo Bartlett recounted seeing Chamberlain shirtless in the video, hands at his sides, without the knife or hatchet that police claim he wielded, standing in his boxer shorts. “The minute they got into the house, they didn’t even give him one command. They never mentioned, ‘Put your hands up.’ They never told him to lie down on the bed. They never did any of that. The first thing they did, as soon as that door was finally broken off the hinges, you could see the Taser light up, and it was charged, and you could see it going directly toward him.”

The last thing Bartlett hears on the Taser tape is “shut it off,” meaning, turn off the video recording, which the police did. Within minutes, they would shoot Chamberlain twice. Four months later, no one has been charged with the killing.
Democracy Now!
co-host Juan Gonzalez revealed the name of the shooter, through his reporting in the New York
Daily News
, as White Plains Officer Anthony Carelli. Carelli is to be tried in coming months for alleged police brutality against two brothers, the sons of Jordanian immigrants, who say Carelli beat one of them, Jereis Hatter, while handcuffed, and called him a “raghead.”

Trayvon Martin was killed February 26. A Florida grand jury is expected to begin the investigation into his killing on April 10. The next day, April 11, a New York grand jury is scheduled to begin hearing evidence in the case of Kenneth Chamberlain Sr. He was killed last November. In both cases, an African-American male was gunned down. In both cases, the shooter is known to the police. In Chamberlain’s case, it is the police. And in both cases, no one has been arrested.

Capital Punishment: The Machinery of Death

August 19, 2009

Troy Davis and the Meaning of “Actual Innocence”

Sitting on death row in Georgia, Troy Davis has won a key victory against his own execution. On August 17, the U.S. Supreme Court instructed a federal court in Georgia to consider, for the first time in a formal court proceeding, significant evidence of Davis’ innocence that surfaced after his conviction. This is the first such order from the U.S. Supreme Court in almost fifty years. Remarkably, the Supreme Court has never ruled on whether it is unconstitutional to execute an innocent person.

The order read, in part, “The District Court should receive testimony and make findings of fact as to whether evidence that could not have been obtained at the time of trial clearly establishes petitioner’s innocence.” Behind the order lay a stunning array of recantations from those who originally testified as eyewitnesses to the murder of off-duty Savannah police officer Mark Allen MacPhail on August 19, 1989. Seven of the nine nonpolice witnesses who originally identified Davis as the murderer of MacPhail have since recanted, some alleging police coercion and intimidation in obtaining their testimony. Of the remaining two witnesses, one, Sylvester “Redd” Coles, is accused by others as the shooter and identified Davis as the perpetrator probably to save himself from arrest.

On the night of the murder, MacPhail was off duty, working as a security guard at a Burger King. A homeless man was being beaten in the parking lot. The altercation drew Davis and others to the scene, along with MacPhail. MacPhail intervened, and was shot fatally with a .38-caliber gun. Later, Coles arrived at the police station, accompanied by a lawyer, and identified Davis as the shooter. The police engaged in a high-profile manhunt, with Davis’ picture splayed across the newspapers and television stations. Davis turned himself in. With no physical evidence linking him to the crime, Davis was convicted and sentenced to death.

Jeffrey Sapp is typical of those in the case who recanted their eyewitness testimony. He said in an affidavit: “The police . . . put a lot of pressure on me to say ‘Troy said this’ or ‘Troy said that.’ They wanted me to tell them that Troy confessed to me about killing that officer . . . they made it clear that the only way they would leave me alone is if I told them what they wanted to hear.”

Despite the seven recantations, Georgia’s parole commission has refused to commute Davis’ sentence. Courts have refused to hear the evidence, mostly on procedural grounds. Conservatives like former Georgia Congressman and prosecutor Bob Barr and former FBI Director William Sessions have called for justice in his case, along with Pope Benedict XVI, President Jimmy Carter, the NAACP, and Amnesty International.

Supreme Court Justice John Paul Stevens wrote for the majority, “The substantial risk of putting an innocent man to death clearly provides an adequate justification for holding an evidentiary hearing.” Yet conservative Justice Antonin Scalia dissented (with Justice Clarence Thomas), writing that Davis’ case “is a sure loser,” and “[t]his Court has never held that the Constitution forbids the execution of a convicted defendant who has had a full and fair trial but is later able to convince a habeas court that he is ‘actually’ innocent.”

Davis has had three execution dates, and in one instance was within two hours of lethal injection. Now he will finally have his day in court. With the courageous support of his sister, Martina Correia (who has been fighting for his life as well as her own—she has stage 4 breast cancer), and his nephew, Antone De’Jaun Correia, who at fifteen is a budding human rights activist, Davis may yet defy death. That could lead to a long-overdue precedent in U.S. law: It is unconstitutional to execute an innocent person.

March 30, 2011

Georgia and the U.S. Supreme Court: Tinkering with the Machinery of Death

On March 28, the Supreme Court refused to hear the death penalty case of Troy Anthony Davis. It was his last appeal. Davis has been on Georgia’s death row for close to twenty years after being convicted of shooting to death off-duty police officer Mark MacPhail in Savannah. Since his conviction, seven of the nine nonpolice witnesses have recanted their testimony, alleging police coercion and intimidation in obtaining the testimony. Despite the doubt surrounding his case, Troy Anthony Davis could be put to death within weeks.

Davis is now at the mercy of the Georgia State Board of Pardons and Parole, which could commute his sentence to life without parole. It will be a tough fight, despite widespread national and international support for clemency from figures such as Pope Benedict XVI, Archbishop Desmond Tutu, and former President Jimmy Carter.

Davis’ sister, Martina Correia, has tirelessly campaigned for justice for her brother. In response to the Supreme Court decision, she told me: “We were really shocked and appalled yesterday when we received the news . . . no one wants to look at the actual innocence, and no one wants to look at the witness recantation as a real strong and viable part of this case, even though new witnesses have come forward. There needs to be a global mobilization about Troy’s case, and the fact that in the United States it’s not unconstitutional to execute an innocent person needs to be addressed once and for all by the U.S. Supreme Court.”

Correia brings up a significant but little-known fact about death penalty law in the U.S., namely, that current court precedent allows the execution of innocent people. Remarkably, the Supreme Court, in a 1993 opinion, suggested that “actual innocence” is not a sufficient cause to be let free. The court only cares if the legal rules are followed, while acknowledging that innocent people could still be convicted and put to death. In such cases, a prisoner could appeal for executive clemency. It seems the court has not yet learned what many states have, that the death penalty system is broken beyond repair.

Illinois recently became the sixteenth state in the U.S. to outlaw the death penalty. Gov. Pat Quinn, after signing the bill into law, said, “I have concluded that our system of imposing the death penalty is inherently flawed . . . it is impossible to devise a system that is consistent, that is free of discrimination on the basis of race, geography or economic circumstance, and that always gets it right.” He follows an earlier Illinois governor, Republican George Ryan, who commuted the death sentences of 120 death row prisoners in that state.

Both Illinois governors bring to mind former Supreme Court Justice Harry A. Blackmun, who wrote, in a dissenting opinion in 1994 after the court denied yet another death row inmate’s last appeal, “From this day forward, I no longer shall tinker with the machinery of death.”

Tinkering with the machinery of death is just what some states seem to be doing. Thiopental is one of the three drugs used in the lethal “cocktail” administered in most executions in this country. Hospira, the last U.S.-based company to make sodium thiopental, quit making the controlled drug, creating a national shortage. States began scrambling to keep their death chambers well-stocked. When California borrowed a similar drug from Arizona, California Undersecretary of Corrections and Rehabilitation Scott Kernan wrote in an email, “You guys in AZ are life savers. . . .”

Georgia, it turns out, seems to have illegally imported its supply from a dubious, London-based company called Dream Pharma Ltd., run by a husband and wife out of a rented space in the back of a driving school. Georgia is not currently licensed by the Drug Enforcement Administration to import controlled substances, so the DEA recently confiscated the state’s thiopental supply. Pending an investigation, Georgia will not have this key ingredient and will not be able to execute Davis or any other death row inmate.

On the same day that the Supreme Court denied Davis’ appeal, Amnesty International issued its annual report on the death penalty. The United States remains among the world’s leading executioners, along with China, Iran, Saudi Arabia, Yemen, and North Korea.

In addition to leading the fight for her brother, Martina Correia has been fighting for her own life. The day of the court decision was the tenth anniversary of her ongoing battle against breast cancer. Her face adorns the mobile mammography van that helps save the lives of poor women in Savannah. The National Breast Cancer Coalition named her and former House Speaker Nancy Pelosi “Women Who Get It Right.” Correia, with customary humility, feels she won’t have earned the title until her brother’s life is saved as well.

April 27, 2011

Capital Punishment: One of America’s Worst Crimes

The death penalty case of Mumia Abu-Jamal took a surprising turn this week, as a federal appeals court declared, for the second time, that Abu-Jamal’s death sentence was unconstitutional. The third U.S. circuit court of appeals, in Philadelphia, found that the sentencing instructions the jury received, and the verdict form they had to use in the sentencing, were unclear. While the disputes surrounding Abu-Jamal’s guilt or innocence were not addressed, the case highlights inherent problems with the death penalty and the criminal justice system, especially the role played by race.

Early on December 9, 1981, Philadelphia Police Officer Daniel Faulkner pulled over a car driven by William Cook, Abu-Jamal’s brother. What happened next is in dispute. Shots were fired, and both Officer Faulkner and Abu-Jamal were shot. Faulkner died, and Abu-Jamal was found guilty of his murder in a court case presided over by Judge Albert Sabo, who was widely considered to be a racist. In just one of too many painful examples, a court stenographer said in an affidavit that she heard Sabo say, in the courtroom antechamber, “I’m going to help them fry the ni—r.”

This latest decision by the Court of Appeals relates directly to Sabo’s conduct of the sentencing phase of Abu-Jamal’s court case. The Pennsylvania Supreme Court is considering separate arguments surrounding whether or not Abu-Jamal received a fair trial at all. What the Court of Appeals unanimously found this week is that he did not receive a fair sentencing. Philadelphia District Attorney Seth Williams has decided to appeal the decision to the U.S. Supreme Court, saying, “The right thing for us to do is to ask the U.S. Supreme Court to hear this and to make a ruling on it.”

As a result of this ruling, Abu-Jamal could get a new, full sentencing hearing, in court, before a jury. In such a hearing, the jury would be given clear instructions on how to decide between applying a sentence of life in prison versus the death penalty, something the court found he did not receive back in 1982. At best, Abu-Jamal would be removed from the cruel confines of solitary confinement on Pennsylvania’s death row at SCI Greene.

John Payton, director-counsel of the NAACP Legal Defense Fund, which is representing Abu-Jamal in court, said: “This decision marks an important step forward in the struggle to correct the mistakes of an unfortunate chapter in Pennsylvania history . . . and helps to relegate the kind of unfairness on which this death sentence rested to the distant past.”

His other attorney, Judith Ritter, a professor at Widener University School of Law, told me: “This is extremely significant. It’s a life or death decision.” I asked her if she had spoken to Abu-Jamal yet, and she told me that the prison failed to approve her request for an emergency legal phone call. I was not surprised, given my many years of covering his case.