If Federal Judge William Moore were a Klansman, it would be perfectly understandable to writea 174 page Order denying Troy Davis' petition for a new trial. The evidence in Davis' favor is so overwhelming, there must be some logical explanation for why Moore ruled as he did. "Racism" in this situation would serve that purpose. It would provide all the logic one needs.
The powerful legal apparatus of the American Justice is too broad for conspiracies, too diverse for single shadowy organizations. However, from abusive police sergeants to Hang Em High judges, the impact upon people of color has been so devastating and widespread as to make it commonplace. The Klan would actually be dumbfounded by the oppression caused by the Prison Industrial Complex. It has turned into a new breed of steamroller, one that chews up poor folks (White or otherwise), Blacks, and Latinos alike. I believe it calls out for a new name, as "racist" does not seem to adequately capture the scope of the discriminatory discretion.
The standard of proof for someone asserting their innocence has become so high as to be a joke. Long gone are the days of "It is better that 10 guilty men go free than one innocent be put in prison." Now it is tighten the net and collateral damage is okay. Do not show a chink in the armor, lest the public lose faith in the infallible JUSTICE. It reeks of the Inquisition, living in fear their power might be challenged by literacy. And on a legal level, we can thank the Anti-Terrorism and Effective Death Penalty Act (AEDPA) of 1996.
What came in on the heels of Timothy McVeigh was actually a demolition of Habeas Corpus that had been sitting around on conservative desks, waiting for some Pearl Harbor event... similar to Len Bias and the Drug War, or 9/11 and the Patriot Act. They tacked on some weapons elements (anti-terror), while 95% of it deals with people like Troy Davis fighting for freedom. As someone who has prepared several briefs for the wrongfully convicted, I have often wished Rhode Island were a death penalty state, like Georgia. AEDPA creates a double standard, of which the latter is slightly more lenient; and with that it seemed certain Troy Davis would get a recount.
The recanted witnesses in Davis' case pointed to a man who, at the time, was the only person seen with a weapon as he had pistol-whipped someone earlier. Davis wanted this man on the stand, this aborted suspect who testified against Davis, yet Judge William Moore did not enforce the subpoena and force him into the latest hearing. Ironically the witnesses from the trial, whose credibility was unquestionable back then, back when (as they say) they were coerced and threatened by law enforcement to close the case on a dead policeman. Now years later, these same witnesses lack any credibility.
What motivates someone to come forward and subject themselves to further threats from police and prosecutors (officially and in the shadows)? Truth, justice, and courage. It is a very unselfish act to do this. It is understandable that such a witness could fear for their life.
What motivates a judge to hold on to a bad conviction?
There are hundreds, if not thousands of obviously bad convictions. In Rhode Island, a mother was recently released after a lawyer finally came forward, 8 years later, and stated that the boyfriend who testified against the mother admitted he was the actual killer. Oddly enough, the boyfriend was home alone with the victim while the mother was at work. She spent 8 years in prison as the killer of her own baby.
Another example took a deathbed confession to release a police officer from a murder conviction. In both cases, they lost appeals. Appeals where top judges demonized these mistaken killers. Both cases where no actual physical evidence linked them to the murder. Michael Brennan and Thomas Brennan were framed in 1984 and still sit in prison, with judges hiding behind technical hurdles their own Bench fabricated. Firlando Rivera fit the 1997 description of "hispanic man" a week after a shooting. Even the witness who picked Rivera from a photo array did not recognize Rivera in the courtroom.
It is systemic. Everyone is guilty. And no guilty people deserve a review because Justice makes no mistakes.
Meko Lincoln goes before a judge on September 2nd, eight years after a drug dealing cop (since exposed) was the eyewitness to an alleged drug deal. The discrimination has gotten so thick, they don't even have to plant evidence anymore. None was planted on Troy Davis either. They just come and get you.