Monday, September 26, 2011

Something to think about ...

Everybody probably heard about the Troy Davis execution last week. Lack of evidence made almost everybody question whether the conviction was even valid. Got me thinking. Couple of months ago, there was another trial going on. The Casey Anthony trial. The verdict, of course as everyone is aware of, not guilty. And there was a huge uproar. Majority of people were convinced that the jury made a mistake. A guilty verdict would have lead to capital punishment. The common thing between the two trial was the lack of evidence. In case of Troy Davis, there was evidence initially but quite a few of the witness's statements were recanted. Does that ensure at least a retrial for the convicted ? Constitutionally, I am not sure. But logically, one would think so. Now let's consider Casey Anthony's trial. Barely any evidence linking her to the crime. In the former case, there were protests to save the convicted. In the latter though, protests were against the 'not guilty' verdict. Why was there such a huge difference in public reaction to the two cases ? I don't even have a clue to the answer. Did the media portray the two cases and the accused differently ? Would the people protesting against capital punishment for Troy Davis do the same for Casey Anthony, if convicted. Not sure about any of it. But very interesting social human behavior, if that's the correct term.

Details about the two cases, just fyi.

From wikipedia about Troy Davis:

Troy Anthony Davis (October 9, 1968 – September 21, 2011)[1][2] was an American man convicted of and executed for the August 19, 1989, murder of police officer Mark MacPhail in Savannah, Georgia. MacPhail was working as a security guard at a Burger Kingrestaurant when he intervened to defend a man being assaulted in a nearby parking lot. During Davis's 1991 trial, seven witnesses testified they had seen Davis shoot MacPhail, and two others testified that Davis had confessed the murder to them among 34 witnesses that testified for the prosecution, and six others for the defense, including Davis. Although the murder weapon was not recovered, ballistic evidence presented at trial linked bullets recovered at or near the scene to those at another shooting in which Davis was also charged. He was convicted of murder and various lesser charges, including the earlier shooting, and was sentenced to deathin August 1991.
Davis maintained his innocence until his execution. In the 20 years between his conviction and execution, Davis and his defenders secured support from the public, celebrities, and human rights groups. Amnesty International and other groups such as National Association for the Advancement of Colored People took up Davis's cause. Prominent politicians and leaders, including formerPresident Jimmy Carter, Rev. Al SharptonPope Benedict XVI, Archbishop Desmond Tutu, former U.S. Congressman from Georgia and presidential candidate Bob Barr, and former FBI Director and judge William S. Sessions called upon the courts to grant Davis a new trial or evidentiary hearing. In July 2007, September 2008, and October 2008, execution dates were scheduled, but each execution was stayed shortly before it was to take place.
In 2009, the Supreme Court of the United States ordered the U.S. District Court for the Southern District of Georgia to consider whether new evidence "that could not have been obtained at the time of trial clearly establishes [Davis's] innocence". The evidentiary hearing was held in June 2010. The defense presented affidavits from seven of the nine trial witnesses whose original testimony had identified Davis as the murderer, but who it contended had changed or recanted their previous testimony. Some of these writings disavowed parts of prior testimony, or implicated Sylvester "Redd" Coles, whom Davis contended was the actual triggerman. The state presented witnesses, including the police investigators and original prosecutors, who described a careful investigation of the crime, without any coercion. Davis did not call some of the witnesses who had supposedly recanted, despite their presence in the courthouse; accordingly their affidavits were given little weight by the judge. Evidence that Coles had confessed to the killing was excluded as hearsay because Coles was not subpoenaed by the defense to rebut it. In an August 2010 decision, the conviction was upheld. The court described defense efforts to upset the conviction as "largely smoke and mirrors" and found that several of the proffered affidavits were not recantations at all. Subsequent appeals, including to the Supreme Court, were rejected, and a fourth execution date was set for September 21, 2011. Nearly one million people signed petitions urging the Georgia Board of Pardons and Paroles to grant clemency.[3]The Board denied clemency[4] and, on September 21, it refused to reconsider its decision.[5] After a last minute appeal to the United States Supreme Court was denied, the sentence was carried out through lethal injection on September 21, 2011.[6]


Casey Anthony's wikepedia details:


Caylee Marie Anthony (August 9, 2005 – June 16, 2008) was an American two-year-old girl who was reported missing in Orlando, Florida in July 2008, and whose remains were found in a wooded area near her home in December 2008. Her 22-year-old mother,Casey Marie Anthony, was tried for the first degree murder of Caylee but was acquitted. She was, however, convicted of lying to police officers. Anthony's televised murder trial in 2011 was described by Time magazine as "the social media trial of the century."[1]
Caylee lived with her mother, Casey, and her maternal grandparents, George and Cindy Anthony. On July 15, 2008, Caylee was reported missing to 9-1-1 by Cindy, who said she had not seen Caylee for 31 days and that Casey's car smelled like a dead bodyhad been inside of it. She said Casey had given varied explanations as to Caylee's whereabouts and finally admitted that day that she had not seen her daughter for weeks.[2] Casey fabricated various stories, including telling detectives the child had been kidnapped by a fictitious nanny on June 9, and that she had been trying to find her, too frightened to alert the authorities.[3] With the child still missing, Casey was charged with first degree murder in October and pled not guilty. On December 11, Caylee's skeletal remains were found with a blanket inside a trash bag in a wooded area near the family home.[4][5] Investigative reports and trial testimony altered between duct tape being found near the front of the skull[6] and on the mouth of the skull.[4][7][8][9] The medical examiner mentioned duct tape as one reason she ruled the death a homicide, but officially listed it as "death by undetermined means".[10]
The trial lasted six weeks, from May to July 2011. The prosecution sought the death penalty[11] and alleged Casey murdered her daughter by administering chloroform, then applying duct tape, because she wanted her freedom. The defense team, led by Jose Baez, countered that the child had drowned accidentally in the family's swimming pool on June 16, 2008, and that Casey lied about this and other issues because of a dysfunctional upbringing, which they said included sexual abuse by her father. The defense did not present evidence as to how Caylee died, nor evidence that Casey was sexually abused as a child,[12] but challenged every piece of the prosecution's evidence, calling much of it "fantasy forensics".[13] Casey did not testify during the trial.
On July 5, the jury found Casey not guilty of murder, aggravated child abuse, and aggravated manslaughter of a child, but guilty of four misdemeanor counts of providing false information to a law enforcement officer.[14] With credit for time served, she was released on July 17. The verdict was greeted with public outrage, and was both attacked and defended by media and legal commentators. Some complained that the jury misunderstood the meaning of reasonable doubt,[15] while others said the prosecution relied too heavily on the defendant's allegedly poor moral character because they had been unable to show conclusively how the victim had died.[16]