November 30, 2008, 9:00 pm by Angela

, 8:37 pm by Angela

Introduction:

This is Angela Johnson and welcome to podcast of my Capstone Project which seeks to evaluate the arguments used in granting the last two Stays of Execution in the Troy Davis case.   I chose this project for several reasons.  1. I am interested in legal arguments in general and this one is timely, on-going and exciting.  The legal wrangling is never-ending which makes it quite stimulating 2. I am interested in pursuing a career in law and I felt this case would be a good one to examine to see if I could possibly possess the save persuasive skills as the attorney(s) in this case.  3. I felt this argument was an excellent choice to measure the rhetorical uses we have studied in class. 

English is a popular major for many who plan to attend law school and like me. It is an excellent major to prepare one for the written and verbal arguments that will be a part of law school.   In addition, I have20 years of experience  in the media which makes me very interested in how this case has garnered the amount of media attention it now has.  Other English majors will probably find this information helpful too because I am evaluating the actual briefs used in the 11^th Circuit Court of Appeals .  I am interviewing Attorney Thomas Dunn from the Georgia Resource Center and Laura Kagel, State Death Penalty Abolition Coordinator-Georgia from Amnesty International. 

The Death Penalty:

On Oct. 30, 2008 I attended a forum held by Innocence Matters on the GSU Campus.  This forum was being held to discuss the Death Penalty as it related to the Davis case.  I received a pamphlet from the Georgia Moratorium Campaign that provided some very compelling information about the death penalty.  In the pamphlet, What ‘s Up with Georgia’s Death Penalty?, I learned the death penalty cases are racially skewed. 

According to the pamphlet, Almost all of Georgia’s death penalty cases (90%) involve white victims, even though most homicides victims (63%) are Black.

The death penalty is obviously a bad deal for anyone but it is especially bad if you are Black and poor because the defense you are provided is “shockingly inadequate”.  Those with the worst luck and worst lawyers often get the death penalty.

In addition has shown to be inefficent and wasteful because Georgia reverses 80% of its death sentences due two serious error.

There have been 129 executions in the U.S. since 1973 and six have been from Georgia and two are from Chatham County, where the murder in the Davis happened.   Attorney’s and journalist have been most helpful in getting death penalty cases , while appeals and expert witnesses are what keep the cost of these cases so high.

Innocence Matter, Steve Caldwells reports that in the Davis case, 7 of the 9 witnesses have recanted their stories, two of the witnesses have been shown to be unreliable, their was immense police pressure to testify against Davis and their was police pressure which led to a false confession. 

 

 

The Case:

Troy Anthony Davis is a 39 year old African American male who is on death row for the 1989 murder of Savannah Police office Mark MacPail.  First, let me state that this case is quite unique and will be cited almost all criminal law books going forward. The crux of this case rest on the fact that 7 of the 9 witnesses in this case have recanted their stories which is unprecedented.  Furthermore, one of the two witnesess, Sylvester Red Coles who identified Davis as the shooter was in fact the one who had the same gun used in the murder and confessed to the murder.  This new evidence has yet to be heard by the Courts in hopes of a new trial for Davis. Unfortunately due to poor police work, that information was not uncovered until recently.

The Georgia Supreme has refused to hear a new trial in this case for reasons that remain unclear. Attorney Dunn has argued that the recantations and new evidence are sound reasons for a new trial.

According to an article published in the AJC, Chatham Co. District Attorney Spencer Lawton said in a 14 page statement after the Supreme Court’s decision: “The witness recantations failed to meet the legal  threshold required to call a new trial. The high rate of recantations invites a suggestion of manipulation making it difficult to believe.

However, as Atty Dunn will explain in his interview with me, the recantations and the testimony from jailhouse snitches are the very reasons for a new a trial.

Perhaps we would have never heard of Troy Anthony Davis had it not been for the tireless efforts of Amnesty International.  According to their website: www.amnestyusa.org they are a Nobel Peach Prize winning grass-roots organization who campaigns for universal human rights in more than 150 countries.  They seek to investigate and expose abuses, educate and immobilize the public and to protect people wherever justice, freedom, truth and dignity are denied.

Executive Director of Amnesty international, Larry Cox said in the aforementioned AJC article, “It is disgraceful that the highest court in the land could sink so low when doubts surrounding the Davis guilt are so high.”

I interviewed Laura Kagel  on November 18, 2008 and this is what she had to say about Amnesty’involvement in the Troy Davis Case.

Questions:

A.      HOW DID YOU GET INVOLVED IN THIS CASE?

B.      WHAT MOTIVATES YOU ABOUT THIS CASE?

C.      WHAT CAN AMNESTY’S CONTINUED SUPPORT DO FOR THIS CASE?

D.      HAVE YOU MET DAVIS OR HIS FAMILY (SISTER)?

E.       HOW MANY CASES LIKE THESE HAVE YOU WORKED ON AND WHAT WAS THE OUTCOME?

F.       IF YOU SAY ANYTHINGYOU WANTED TO THE SUPREME COURT YOU WANTED INTHIS CASE WHAT WOULD YOU SAY? 

G.     WHY DO YOU TAKE ISSUE WITH THIS CASE?

Now that we have learned about the death penalty and heard more about Amnesty’s involvement we will hear from Attorney Thomas Dunn, from the Georgia Resource Center.  Dunn is one of several attorney’s working on this case.  He is the only local attorney and he has been involved with this case for several years. Here is what he had to say about the case and his rhetorical strategies he uses in his court room arguments.

Questions for Attorney Dunn:

A.      WHICH APPEAL WORKS BEST IN THIS KIND OF CASE?

B.      HOW AND WHY WERE YOU GRANTED THE LAST WO STAYS?

C.      HOW DO YOU THINK THIS CASE WILL END?

D.      WHATKIND OF PRECEDENCE WILL THIS CASE SET?

E.       WHAT MOTIVATES YOU IN THIS CASE?

F.       WHAT DOES THIS CASE HAVE THE POTENTIAL TO DO FOR FUTURE DEATH PENALTY CASES?

G.     HOW DID YOU GET INVOLVED IN T HIS CASE?

H.      IF YOU COULD SAY AYTHING YOU WANTED TO THE SUPREME COURT ABOUT THIS CASE AS A PRIVATE CITIZEN OR AS DAVIS ATTY WHAT WOULD YOU SAY?

 

In conclusion, I have covered the areas that were highlighted in my proposal. I have stated my purpose which was to evaluate the rhetorical strategies used in the Davis case.  The problem was identifying which type of arguments are most effective in court room arguments.  My scope and methodology sought to interview an attorney and a representative from Amnesty International.

During my research for this project, I felt there was not one type of appeal used but all three, ethical, logical and pathetic or any combination of the three.  I believe Amnesty’s involvement gives the case pathetic appeal while the attorney(s) give it ethical, logical and pathetic appeals.  As we heard, Dunn agreed with my findings.

I did not believe it was necessary for the attorney(s) of employ all of the Canons of Rhetoric and again Dunn confirmed my beliefs by confirming he uses:  invention, style and delivery. It is obviously that most courtroom arguments most likely use a persuasive appeal to get jurors to swing their way. 

With the new evidence that has surfaced in this on-going case it seems only logical that the courts would grant a new trial. We will see how this case progresses after Dec. 9 which is when the federal appeals courts will decide if Davis can continue to challenge his conviction for the murder of Mark MacPhail.

 In closing I would like to leave you with a prayer from the pamphlet from the Georgia Moratorium Campaign.  This is a prayer by Sister Helen Prejean, Author of Dead Man Walking

God of Compassion,

 You let your rain fall on the just and the unjust.

Expand and deepen our hearts

So that we may love as You love,

Even those among us

Who have caused the greatest pain by taking life.

For there is in our land a great cry of vengeance

As we fill up death rows and kill the killers

In the name of justice, in the name of peace.

Jesus, our brother,

You suffered execution at the hands of the state

But did not let hatred overcome you.

Help us to reach out to victims of violence

 So that our enduring love may help them heal.

Holy spirit of God,

You strenghten us in the struggle for justice.

Help us to work tirelessly

For the abolition of state-sanctioned death

And to renew our society in its very heart

So that violence will be no more.

 Amen

This is Angela Johnson and thank you for listening to my Capstone project podcast.

 

, 7:36 pm by AshleyJ

…is on itunesU! Check ‘em out before I present tomorrow

1. Rhetoric

2. Ethos

3. Logos

4. Pathos

5. Bonus Track

November 28, 2008, 5:49 pm by Jennifer

Here is the presentation schedule. If you are presenters 1-5 plan to present Monday. If you are presenters 8-10 plan to present Wednesday. If you are presenters 6 & 7 be prepared to present either day. Presenter 6 will likely go on Monday and Presenter 7 will likely go on Wednesday.

1. Cho, Ian D.
2. Jones, Brett G.
3. Judge, Ashley C.
4. Clark, Tiana L.
5. Akins, Akilah I.
6. Woodard, Arch E.
7. Johnson, Angela G.
8. Davis, Ashley M.
9. Domit, Brian L.
10. Manfredi, Robert W.

November 25, 2008, 11:46 am by Arch

Brett, you have a brand new peer review.�

November 24, 2008, 10:08 pm by Angela

, 1:06 am by AshleyD

The peer review podcast is posted on ITunes U.

, 12:42 am by AshleyJ

My peer review of your website is on iTunes U! Enjoy

, 12:16 am by Ian

Hello Ashley,

Your peer review podcast is up. Enjoy.
Ian

November 23, 2008, 9:37 pm by Brett

Track Number 66 on iTunes U!

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