Tonight the United States Supreme Court declined to stay Troy Davis's execution. He will, by the time many of you are reading this, be dead. There were no expressions of dissent or objection from any of the 9 members of the Supreme Court.----------------------I like Guy Benson a lot, but his column on Troy Davis got my blood pressure up.I'm hearing a lot from people opposed to Troy Davis's execution that there is no physical evidence in the case — and a whole lot of other hoo-haa.First of all, let's set out that the case has been going on for twenty years.Second, let's point out that two witnesses at Davis's trial testified under oath that Troy Davis admitted to the shooting.Yes, those witnesses have now, twenty years and much badgering by anti-death penalty advocates later, recanted. A federal judge spent two days reviewing the evidence and the testimony last year and issued a 172 page order explaining why the witnesses recanting was "smoke and mirrors."In fact, one of the chief nuggets of the case is that there was no physical evidence. Except that is crap. There is the matter of Troy Davis's bloody clothes that you've probably never heard of.
There was a .38 caliber gun. Both Troy Davis and the man Davis's team claims in the real murderer, Sylvester Coles, had a .38 caliber gun.Davis's gun had been used in another shooting and the gun casing were linked between both shootings. Everyone likes to gloss over that. They point out that the man who claimed Davis fired on him has now recanted — yet again 20 years later.But here are some additional facts — if we're going to deal with things that weren't in contention twenty years ago.The federal courts and state courts in Georgia have all denied Davis's appeal. Prior to 2008, Georgia's Supreme Court was decidedly liberal and even they passed.For the first time in 50 years the United States Supreme Court ordered a federal court to conduct an entire rehearing of all the evidence. The court did and found all the new stuff was, again, "smoke and mirrors," including the retracted confessions. And while building the case to claim that Sylvester Coles was the real murderer, the defense would not call Coles in for examination.But then there is Officer MacPhail himself and what the defense all too conveniently forgets to bring up. Officer MacPhail "testified" at Troy Davis's murder trial. See, MacPhail, an Army Ranger and police officer was working a second job that night as a security guard. He chased Davis and Sylvester Coles, who were assaulting a homeless man over a beer.MacPhail reported in that he had run passed Sylvester Coles. MacPhail was shot from the front in the chest and face — not from behind where Coles was, but from the front where MacPhail himself located Troy Davis.And then, if we really want to get into the weeds and talk about facts, consider this fact. Troy Davis immediately became the suspect and fled. Police roped off his house, obtained entry, and searched the home. In the laundry they found Troy Davis's shorts from that night with evidence on the clothing directly tying him to Officer MacPhail's murder — Officer MacPhail's blood. (editorial note: it should be noted that Troy Davis's shorts were not DNA tested. There were multiple people's blood on his shorts)According to Darrell Collins, who is now recanting everything or claiming not to remember anything, Davis admitted to Collins that Davis had shot MacPhail in the chest and then went back to shoot MacPhail in the head at close range because MacPhail had seen his face — hence MacPhail's blood on Davis's shorts. Oh, and at the time Collins gave his statement way back in 1989 it was not public knowledge that Officer MacPhail had been shot in the chest and then at close range in the face.(remember as well that there were 34 witnesses, not the 9 as claimed. The defense claims seven witnesses changed their testimony. That's actually not true. Only two materially changed their testimony and Davis's attorneys refused to present those two in federal court in 2010 to be examined in the evidentiary hearing even though they sat outside the courtroom door. Among the eyewitnesses were three airmen in the Air Force in a bus who had prime viewing for the murder and all identified Troy Davis as the wearer of the white Batman t-shirt, which is what the murderer wore)Of course, this justice system that is supposedly about to carry out a travesty of justice ordered Davis's shorts excluded as evidence from the trial because the police did not get a search warrant. So anti-death penalty advocates can conveniently say there is no physical evidence by discounting the gun, the casings, and ignoring Officer MacPhail's blood on Troy Davis's clothes found in Troy Davis's laundry all because the very same court system that found him guilty without that physical evidence followed the law and excluded it.Troy Davis is a cop killer and I'm perfectly fine with his execution.