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tv   Anderson Cooper 360  CNN  September 21, 2011 10:00pm-11:00pm EDT

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piers, thanks very much. good evening, everyone t is 10 p.m. on the east coast of the united states. i want to thank our international viewers. a delay in the execution of troy davis. he was set to die at 7 p.m. eastern time, put on hold as the u.s. supreme court considers a last-minute appeal. three hours later, we are all still waiting to hear from the u.s. supreme court and in jackson, georgia, the execution is on hold, large crowd of peaceful protesters is holding vigil. there's also a heavy police presence outside the prison. you see both side he there the police in the foreground, protesters in the back. here's some background now on this case.
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davis was arrested in 1989 for the shooting death of an off-duty savannah police officer, mark mcfail. he was providing security for a burger king when a fight broke out in a parking lot. officer mcfail rushed to the scene to investigate and was shot and killed. in 1991, troy davis was convicted for the murder based on eyewitness testimony. since davis' trial, seven of the nine witnesses against him have recanted or changed their testimony raising doubts that have gone global. joining us from the prison in jackson, outside the prison, david maltingly, also senior legal analyst, jeffrey toobin. jeff, it's about now three hours, i remember shortly after this delay was announced, watching, you say you felt the supreme court would rule in a matter of minutes. the fact that it has now been multiple hours what do you make of it? >> this is really shocking and
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astonishing. this kind of last-minute application for a stay is fairly common. almost always, the result is literally a one-sentence order from the supreme court which says the request for a stay is denied. and it is unanimous. that doesn't take very long for the justices to agree on, if they, in fact, agree. there are nine justices. you need five justices to grant a statement you need a majority to grant a stay. based on what i know about the justices' philosophies about the death penalty and given the history of this had case, i find it very hard to believe that five justices will vote to grant a stay here. but this long delay, and it is unquestionably a long delay, suggests that at least some justice, one justice, is writing something, a dissenting opinion, some sort of statement, because it doesn't take three hours to write one sentence the stay is denied. >> wouldn't justice -- they have
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known this case was coming, they know this was scheduled for today, knew probably that a motion would get to them. wouldn't they have predone that? >> not necessarily, because though this is, of course, a very celebrated, notorious case, and they all knew the execution was scheduled for today, the actual request for a stay and the grounds for a stay, which included false testimony in a later proceeding, a request for a lie detector test, that was not filed until this morning in the trial court in georgia. in late afternoon, the supreme court of georgia rejected the application for a stay. so the united states supreme court only got the specific request for a stay at about 6:00 tonight. so, though they are fam kwlar with the case, the justices didn't have the specific grounds and i think they could only start writing if in fact they
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are writing, once they saw the paperwork on today's application. >> david mattingly is outside the prison now. describe what you are seeing. >> anderson, when i last talked to you at 8:00, we were looking out here and watching police car, patrol car after patrol car arriving until we have here well over 100 uniformed officers, many of them in riot gear, taking a position right at the gates of the georgia diagnostic prison where this execution is supposed to take place. i have to tell you though in about the last half hour there has been a sense of calm descending upon this intersection here. the officers behind me are in position but they are at ease. and the demonstrators across the street that they keep watching,
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have been almost silent. occasionally in the last half hour, you will hear someone singing. i just heard them singing a song, "lean on me." many of them are holding candles. it has become a very solemn moment, as if all the excitement that was generated when the officers arrived here and started massing here in front of the prison, that seems to have fade away -- faded away. and now everyone is concentrating on the issue at hand and that is the life or the death -- yes, go ahead. >> where is troy davis' family? >> that's what we don't know for sure. troy davis does have the right to ask that certain people be in the room when he is executed to observe. we don't know who he requested to be in there we don't know if there are family members in
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there. there are probably some out here milling with the crowd. but we do know that there are members of the mcphail family, from officer mcphail, inside the prison, awaiting this as well. as we are watching out here, everyone standing, seemingly getting a little bit weary as the hours go by, waiting for some word about what's going to happen. i think about those family members and loved ones inside the prison thinking this has to have been probably the longest two to three hours of their lives. >> and jeff, do you believe that troy davis would still be in the execution chamber at this point? >> well, you know, i was just e-mailing with one of his lawyers. i don't think -- i don't think they know for sure. i mean, it is certainly possible that he is in a holding cell right next to the lethal injection chamber, but as i understand georgia procedures, an hour before the execution was to begin, he is eligible to receive, if he decides to a
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sedative, to just calm him down. that would be administered in through the iv on the gurney. so, i mean it is conceivable that he has been on the gurney, waiting now for three, even four hours, but it is also possible he is, you know, steps away. but certainly, he is in a very small area that is the actual execution area of the prison. >> i want to bring in bj bernstein, an attorney family with the georgia process. bj, where -- do we know where troy davis would be at this point? i mean if this was stayed before -- and this was obviously stayed before the 7:00 timeframe, where is he? >> word is from folks down there i'm hearing from, he is in the jail and probably does have the iv, because it makes sense, they do that about an hour before --
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give him the opportunity to have a sedative and have everything ready. >> so you think he is lining the execution gurney with an iv? >> if he -- either on the gurney or somewhere with an iv ready to go, unless they -- they may have detach it had by now because so many showers gone by, but the delay happened around 6:30, less than an hour before the 7:00 execution time so clearly you preparations had already been made at that point. and so unless the jail decided to withdraw that and have the doctors take it out, because the lengthy period that's gone by now, that part is not confirmed. >> and jeff toobin, in terms of what is going on on the supreme court end, i mean, we talked about this in the 8:00 hour, they are not all together. they are spread out in different places. are they talking on the phone? are they talking via e-mail? >> well, this is an established procedure that the court has. there is a group of people who work in the court clerk -- the supreme court clerks office who
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do nothing but death penalty cases and they have procedures in place when an execution is upcoming, where they can reach all of the justices, either by phone or e-mail or both. oftentimes, the justices simply respond, you know, no stay and it is a fairly simple procedure. but if there is disagreement on the court, if there is -- if there are some justice, close to a imagine juror that want to stay, they can have phone calls with each other and it can get quite complicated, after all there are nine of them. it's -- you know, it all depends on how they respond to the specific case in front of them. but it can be complicated, it can take a while. and three hours after the scheduled time, that is very unusual. >> david are, jeff, bj, stick around. going to have more with you in a moment the fam i love the murdered police officer, mark mcphail is convinced that davis is guilty.
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i spoke earlier with the officer's mother, analeeza mcphail. when you hear now there is a delay what is going through your mind? >> anderson, i'm absolutely devastated, because i want it over with. we find him guilty after the first trial. and all these decisions they have made through the court, they have been through the courts four times in georgia to all the courts. been to the supreme court three times. so, this -- this delay again is very upsetting and i think really unfair to us. >> this has been going on for more than 20 years. >> we want this situation closed. 20 -- that's right. anderson, i am devastated. and i like to close this book and we feel him guilty. the evidence and everything we have seen that i have seen,
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because i have been to all the trials, he is guilty. and i believe in that. does the rest of my family. >> other family members of yours, i believe, are attending the execution. you chose not to. why? nch>> i don't get any satisfact in seeing that. i decided to stay home, right from the beginning. that -- that doesn't help my feelings and my hurt and all that at all if i see that. >> you know, obviously, those who have come to support troy davis or believe he was wrongfully convicted, you know, they say seven of the nine people who originally gave eyewitness testimony have either changed the testimony or recanted. what do you make of that? >> uh-huh. well, the thing that got me is why did they wait 17 years to do that? they had the chances when all the hearings and the court sessions were going on for four times. they could have been there and
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said something. you know, i don't believe in it or maybe i was wrong. but now, at the 11th hour, they come up with all these recantations. 17 year, i don't believe t if they said i don't remember, i can accept it. it's been a long time. but not to say that they didn't think that really did happen and that -- yeah? >> i'm sorry. what do you want people to know about your son, to remember about your son? nch>> my son was a wonderful person. and i'm not saying that just because i am his mother. he was an army soldier, an airborne ranger. he spent six years in the military and then he choose the police department avenues wonderful father and husband and he was out there to help a homeless man that was beaten to a pulp that evening. so, i don't think what happened was fair.
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and i don't know if everybody knows that troy davis shot somebody earlier that evening in the face. the catesings from the shells match those casings and then mark. that seems like pretty good evidence, if you ask me. >> are you waiting by the phone. >> i don't think people know that. >> are you waiting by the phone now? i can't imagine what this evening is going to be like for you. >> yes. i'm waiting by the phone. i'm waiting for that phone call that said go she said i should hear it within the next 30 minutes they figure it had would take and i'm waiting for it with my family. >> i'm sorry there is a satellite delay, i don't mean to be stepping on what you're saying. if you get that call that it is a go -- >> my family is all up there. >> your family is all up there? if you get the call that it is a go and troy davis is executed,
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what do you think you're going to feel when you get that word? do you have any sense? >> i am almost sure i feel relief and maybe some peace, which i desperately need. because i have been through hell. especially the past couple years when everything was building up and we had to go to court again and again. so i need some peace. i really do. and it's not a party for us at all. he did not have to do that. that was his choice to shoot people that night, which was -- one of them was my son and then the other one. i don't think we're wrong at all. >> i know it's an extraordinarily difficult time for you. and i appreciate you coming on to tell us your perspective. thank you so much. >> well, anderson, i was proud to talk to you. thank you, too. >> more on the break story coming up.
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let us know what you think, we are on facebook, follow me on twitter. i have been following own twitter, at anderson cooper. we will look at the closer details of the case, get you up to speed next. also ahead a teenager whose parents say committed suicide after years of bullying we told you about him last night, jamie rode mire was his name, 14 years old, he blogged about how he was bullied, show you a photo of him talking in his own words about how it gets better. for him it didn't get better. this past sunday, he took his own life. i spoke with his family about his life and his pain, coming up. ♪ whoa, watch out, little man. contradictory attitudes about it. [ male announcer ] when you take away the worry, it's easy to enjoy the ride. hey, bud. hey, dad. [ male announcer ] introducing cadillac shield.
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we're builders. [ junior ] ...and they've helped build my business. breaking news tonight delay in the scheduled execution of troy davis. that is on hold as the supreme court considers an appeal. he was supposed to die three hours and 18 minutes ago. while we wait to see what the supreme court does, why don't we show you more details about this case. gary tuchman has details on why this case has garnered so much attention. >> reporter: it's anything but a routine question. how scared are you of possibly being executed?
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but it's relevant, because the man i'm talking to, troy davis, may soon be a dead man. a jury took just a few hours to decide his guilt in savannah, georgia. a few more hours to decide on the death penalty. brenda forest was one of the jurors. >> he was definitely guilty. all of the witnesses, they were able to id him as the person who actually did it. >> reporter: there was no dna or physical evidence against davis. the primary reason he was convicted, witness testimony. the slain police officer's wife trusted the witnesses. >> they were just so adamant about what they saw, when they saw it. >> reporter: but this is how the juror feels today. >> if i knew then what i know now, troy davis would not be on death row. the verdict would be not guilty. >> reporter: what she knows now is this. almost all of the prosecution's star witnesses have changed their stories, some saying police pressured them to say troy davis did it. one of those people is darryl collins, a prosecution witness
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who signed a police statement implicating davis. >> i told them over and over i didn't see this happen. they put what they wanted to put in that statement. >> reporter: savannah police officer mark macphail was working an off-duty job here. he was providing security at night for this station and this burger king restaurant that is out of business. there was a homeless man in this parking lot that was being harassed. he yelled for help. the officer ran over and seconds later, officer mark macphail was shot and killed. it was tragic, horrifying, and chaotic, and two decades later it still is. the man who admitted harassing the homeless person went to police the next day. he said he saw troy davis shoot the officer. posters went up all over. racial tensions inflamed. >> my brother decided to turn himself in, there was already a shoot to kill ord ter on him.
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>> reporter: this man, a pastor, volunteered to pick him up and drive him back to surrender. davis insisted he was innocent. the pastor has never told this story to a reporter before was stunned the d.a.'s office never interviewed him. you're with this man for four hours. they never interviewed you? >> never talked to me. >> what he said? if he had a weapon? if he admitted anything? >> nothing. and this is the one case where nobody wanted to know. and i don't think now looking back that anybody cared. >> reporter: the pastor is one of many who now believe facts be damned, troy davis is going to be arrested of murder. as for the savannah police, they have always said their witness interviews were taken properly, no coercion and prosecutors have stood by the conviction. but a number of witnesses have signed affidavits changing their original testimony. dorothy farrell is one of them. a former prison inmate. she writes, "i was scared if i didn't cooperate with the detective, then he might find a way to have me locked up again. so i told the detective that troy davis was the shooter."
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>> this just in the supreme court has just rejected state of execution for troy davis. back with us from outside the prison in jackson gas zbarks david mattingly, also senior legal analyst jeffrey toobin and bj bernstein, also former prosecutor, a lot of experience in the georgia court, including state superior judge who denied the appeal today. jeff, we just heard the word what do you make of it? >> it's over. the legal system has completed its works after 20 years. i assume he will be executed in the next few minutes. >> take a shot outside the prison, not sure they have heard the news yet. david mattingly, has the crowd heard? this is the scene outside -- >> does not appear that -- >> go ahead, david. >> anderson, the crowd here is very sedate. if they have received word, they are taking it very quietly.
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it has been very quiet here for about the past half hour and what we are seeing from the crowd across the street here, let's move in first, see if we can get a closer look. there seems to be a lot of communication going on in the group, people moving about now. they are probably getting word right now that the moment that they have been fighting against, some of them for over 20 years, is now imminent. >> david, what -- >> the officers who have amassed here outside the gates, anderson, seem to be milling out a bit more. apparently, they have gotten word as well and everyone taking their positions, not necessarily at an at-ease posture anymore, but standing more ready. >> we should point out to our viewers, david on the left side of our screen, i just want to tell the viewers what they are looking a the left side of the screen is the left side of the prison where troy davis is to be executed. the scene on the right, harder
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to see is outside the supreme court where we heard there were some protesters which had gathered, it seems much quieter there, what you are looking at again. the right-hand side is the supreme court, note just at this times are not in the supreme court they spread out and have made this decision over the last three, three hours 23 minutes in various -- in different locations and the scene on the left is just outside the prison. bj, in terms of what happens now, what is the process? >> the process will be that the -- once officially the prison officials get this word that supreme court denies, this death warrant has already been in place, they could have already killed troy davis, but they wait till the supreme court and now i'm afraid it will not be much longer until this man is put to death by the state and i got to tell you, anderson this is very hard to hear because this is a very -- the whole country and the whole world has been riveted by this.
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and it has really touched off a debate that i've never seen in my legal career with regard to the death penalty, an entire generation is seeing up close and really re-evaluating how we think about this and what's happening. i'm a -- i'm disturbed. >> i think -- i just want to hear -- can we just hear what the sound is, i think outside -- i don't know -- that was outside the prison or outside the supreme court? let's hear what -- if we can hear the natural sound outside the prison. >> anderson, i have to tell you, if you are listening for something out here, you are not going to be able to hear anything other than the hum of the jeep rarity from all of the live vans here, everyone absolutely quiet. so many of the spectators here, the demonstrators now huddled in prayer. . for many families two families
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really this is a difficult night, the flame of troy davis, the family of officer macphail, the man who was killed back in 1989. some of the family are in attendance at the -- what will be the execution of troy davis. officer macphail's mother is not there she chose not to attend. she joins us now. you have -- you have just heard the word, obviously, that the execution will go ahead. when you heard that, what went through your mind? >> are you talking to me? >> yes, annaleisa. what went through your mind? >> we have been sitting here for hours. i want it get it over with. we have been sitting here for hours to wait what's gonna happen and i want it over with. we are ready to accept it, the decision that was made by the courts and i like to have some
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peace now when this is over. >> do you think that's possible, to have peace? >> i sure hope so i'm working on it, i tell you that we have been through hell. he did this. nobody made him do it. it was his choice. so, i lost my son, the father of my grandchildren, and i have been very hurt and very upset, all those things been going on for years, so i want it to come to an end now. >> for 20 years, you have been in and out of courtrooms following this case, looking for justice for your son. have you ever had any doubts? i mean, when seven of the nine witnesses have changed their stories or recap theed their stories, have there ever been any doubts that troy davis did this, for you? >> no, i never had. after i went through the original court and trial, from
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then on, what i saw and heard, i was never changed -- never have changed my mind. and they -- recantation came after 17 years. they had many choices to be before the court because i was there four times. i don't know why they waited the last nine come one that. >> i know other of your family members are there. they are going to be witnessing the execution. do you want to know from them the details of what happened or do you not want to know? >> well, i have the feeling i don't have much choice. they probably going to tell me. i have one daughter that probably will tell me all the details. so, i see. we see what happens. >> and what are your thoughts about troy davis? nch>> urge well, there was a lof
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anger at one time. then there was disgusting feeli feeling, what he tried to do and fight everything, which i, in a way, can understand. but i think he deserve it the type of person i have seep and heard about him. and i shouldn't say that, what i have seen. he has made his own bed and he got to sleep in it. >> are you going to wait with up until you get final word that he has been killed? >> i'm going to wait till my family comes back from jackson. i'm going to be up till they get here. >> what do you think you will say to them after they walk in the door, after having witnessed his execution? >> i don't know that yet, anderson. i really don't know. i am so worn out from all this weight and all this pulling become and forth. i see that -- i'm usually a spur
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of the moment person, so i have to see. >> i appreciate you being with us. and earlier, we spoke about your son and obviously, i know your thoughts are with him tonight as well and his family. i appreciate you being with us. thank you. >> oh, yes. you wouldn't believe how often i talked to his picture today. >> really? >> so he is very much among us tonight. so, oh, yeah. oh, yeah, i can feel him. i can feel him around me. >> when you talk to his pimp what do you say? >> i know he is watching us. i tell him, dear, let this be over soon so we both have some peace. and your family has some peace, too, they need it also. and we love you, we miss you. you will always be in our heart. >> thank you. i appreciate talking to you. >> well, you are very welcome.
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very welcome. >> i want to, if we can, bring in jeff toobin and bj bernstein again. jeff, at this point, i mean, legally there is -- there is obviously no more -- there's no more legal appeal? >> no. and what made this situation even more tense and bizarre is at 7:00, georgia had the legal right to execute him just then. they decided to wait to hear what the supreme court would do. but at this point, there was no illegal impediment at all. now with the supreme court having denied the stay, there -- you know it is official that the last -- the last legal step has been taken. but for the last three and a half hours, georgia would have been within its right to begin the execution process. >> we will be back our continuing coverage, more amount breaking news, supreme court
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rejecting the last-ditch appeal from troy davis. the state of georgia can now proceed with his execution. we will be right back. my doctor told me calcium is best absorbed in small continuous amounts. only one calcium supplement does that in one daily dose. citracal slow release... continuously releases calcium plus d for the efficient absorption my body needs. citracal.
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it's the crowd outside the prison where troy davis is set to be executed. you can just hear them trap the chanting "we are troy davis." david mattingly is there. am i correct, they are chanting "we are troy davis"? >> that is right, anderson, a chant they have had quite a few times over demonstrations the past week leading up to today. tonight, it sounds a little bit different to me. before, there was defiance. tonight, it's -- seems more personal. people making a strong statement, when they say "we are troy davis," they are saying something about the system they believe that was flawed that allowed for his execution, all
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of these people so many of them being so close to this case, probably for a decade or tonight now realizing that the work they have done, the pressure they have tried to put on public officials, the outcome they were looking for is not going to happen. >> the court has denied a last-minute appeal from troy davis' attorneys, meaning the state of georgia can now proceed with his execution, talking with david mattingly who is outside the prison in jackson, georgia, also senior legal analyst jeffrey toobin and criminal defense attorney bj bernstein, a former prosecute we are a lot of experience in the georgia courts, including the state superior judge who denied davis' appeal today. we continue to look at that picture outside the prison, i want to bring in bj and jeff. in terms of the process now that happens, do we have any sense of how quickly troy davis maybe put to death? >> i would imagine within with the hour.
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chances are he is ready with the iv. they are probably getting everybody together into the room. and the process will start fairly soon, because i think it's been a long night and unfortunately, i think this is about to happen. >> jeff toobin, in terms of the -- >> charlie, david? >> do we know how many people, bj do we know how many people can actually -- are actually -- will actually witness this execution? >> well, there will be five reporters from various news agencies that will be present. this there will be members of the families, if -- i'm not sure if anybody from the davis family is actually going to be there. as we just heard from the slain officer's mother, they have family members there. and then there will be some prison officials. so, probably around 15 to 20 people present. >> jeff, why do you think this case has garnered so much attention internationally out of
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all the executions that occur in the united states? >> because there has been substantial doubt by a lot of people that he is guilty. i mean, i think it really is as simple as that. this case has had so many peculiar twists and turns legally but they all come down to the same issue. you know there are a lot of legal issues -- >> jeff, i'm sorry, i got to jump in we have just been informed from officials in the prize than the execution will begin in 30 minutes. it is now 10:38. i'm sorry, jeff. continue. >> well, it's just -- there are a lot of legal issues surrounding the death penalty, do people get good lawyers? is -- is the -- is the law enforcement system fair? but the fundamental thing that moves most people is are we with executing people who are not guilty? and this case is the one where i think people focused around the
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world. i mean, really, since julius and ethel rosenberg were executed for espionage in 1953, this case has garnered the most attention and outrage on the part of some people and that's big deal. and it comes at a time when public support for the death penalty has been shrinking a little, but at a time when actual executions and actual death sentences have gone down a lot in the last 15 years. >> joining us on the phone is cnn contribute perot land martin. roland, i don't know if you heard, we just had on the mother of the slain officer who expressed her -- i don't know satisfaction is the right word but just a sense of she is looking for peace moving forward from tonight.
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were you surprised how long the supreme court took to make this decision? having some problem getting in touch with row land. i thought we had him. bj, are you surprised at the length of time that it took the supreme court? >> i was surprised, just like jeff. the theme here is too much doubt. anderson, i know you have done a lot of -- people from cnn have done a lot of store brits problems with eyewitness identification, the number of times, for instance in a lineup, 17 to 18% of the time, people pick someone who is incorrect, even though they say they saw them. and that's what this case was based on. and add that to what we are seeing historically of the work of the innocence project, where over 200 people who were inspect and were -- had lengthy jail sentences turned out to be inspect is causing everyone to
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question why are we putting to death someone that we are not sure committed the offense? and bringing about the larger question of the death penalty to a newer generation and i think looking at twitter who is even down there right now, for instance, celebrities, big boi of outcast is down there and has brought so so many young people from atlanta university, clark atlanta, the schools here, i even heard about some elementary school students who came down to jackson, georgia. they are being introduced to the very issues that supposedly seemed settled about the death penalty. >> jeff, though, to bj's point, she was raising the point of so much doubt about evidence, yet time and time again, the court has looked at this and the supreme court even had another judge look at this when was it last year? >> it was two years ago. >> two years ago. >> that's what makes this case
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so, so difficult. is that he has had the most exhaustive judicial review of any prisoner on death row that certainly i have ever heard of. but the phrase the court always uses about death penalty cases is that death is different. with the level of certainty that we demand of death penalty cases is different from those that we demand in a case where people are in prison and can be released if we find out -- found out they made a mistake. and it's important to emphasize that, you know, the courts have never found that he was innocent, even though the evidence is certainly more ambiguous than it is in most of the cases that result in execution in this country. >> all right. we are going to be right back with more coverage of the execution of troy davis, scheduled to happen in less than 30 minutes. rotrients from centrum. omega-3s go beyond heart health.
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breaking news tonight, the execution of troy davis expected to happen some time around the top of the hour. at that point we told a public affairs official from the prize-come out and tell us about the details of the execution. this after a ruling just a short time ago from the supreme court, just one sentence long it reads, "the application for stay of execution of sentence of death presented to justice thomas and by him referred to the court is denied." with that sentence, troy davis ran out of options, the executions will happen tonight. back with us from outside the prison in jackson, georgia, david mattingly. also senior legal analyst, jeffrey toobin, senior analyst, roland martin and bj bernstein, a former prosecute we are a lot
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of experience in the georgia courts, including with the state superior judge who denied davis' appeal today. roland, were you surprised that the supreme court took so long? were you surprised at how they ultimately ruled? >> i'm very surprised. i did not expect them to take this long. obviously, we expected his attorneys to file an appeal and filed in court, many people look at it as [ inaudible ] folks on the left or right, right in there in the center but clearly the amount of time they took, very surprising, more than three hours. look, i'm born and raised in texas, stood outside of prisons covering executions and i will tell you, it was very surprising to watch people, a lot of people on social media who thought that was -- that there was a ray of hope that the court would have a stay, further conversation, felt everything had been exhausted and simply did not rise to the level [ inaudible ] >> jeff, given that it was
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basically one line from the court, you had thought maybe someone was writing a dissenting brief, but none of that appeared. >> i was wrong. and i thought there -- i thought all this time, that was the explanation maybe that was as simple as a communication problem, couldn't reach everyone that quickly. it could be that somebody just took some time, longer than they expected to reach their decision. just if i can explain something in that order that people might be curious about. it said reed by justice thomas to the court as a whole. the reason for that is the just at this times divide up the country. every justice covers a few states. it is called a -- each justice has a few circuit, as it's known. justice thomas covers the 11th circuit, which includes georgia, so the application for the stay would initially go to him and
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when it comes to cases like this they always refer it to the court as a whole, but that's why justice thomas was mentioned in that order, is because he is the justice who covers the area that includes georgia. >> will the it ever be nope, jeff if there, you know, what the vote was on this? >> definitely. if -- and i think the vote we do know, because there was no dissent, think we know that it was unanimous. >> so, all of them voted just to deny any kind of stay? >> absolutely. because even if one justice did not participate that would be noted in the order. so r so, i think this is another example of every judge that has considereded this case had has declined to rule in troy davis' favor. every judge has let the death penalty proceed and that now includes all nine justices on the current supreme court. >> that is very telling. if -- in the court of public
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opinion, roland, in the court of public opinion this case has taken on a life of its own, people have very strong opinions about t every court that's looked at it now seems to view it otherwise. >> absolutely. and [ inaudible ] a lot of people don't understand is that judges make decisions based upon the law. it is not a question of emotion. it is not a question of, well, how we feel. they are making legal determinations. that is what always surprises people when they say, i can't believe it went that way. but again, these cases, you have the passion, you have, you know, so much attention in social media, people on radio, but the reality is our system is simply based on laws. that's how judges have to make decision and, you know, lady justice is blind. some people say not so but the reality is that's the only way they can operate. >> we got to take a short break. we will be right back. ♪
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breaking news tonight, the excuse of troy davis expected to happen just a little bit after the top of the hour. joining us outside the prison in jackson, georgia, david mattingly, roland martin, jeffrey toobin and bj bernstein. looking a at scene outside the supreme court there. obviously, the juches 'tises are not there they are in a different -- be variety of different locations, that may be one of the reasons why it took so long to get the final word from them, the final word didn't come down in the last i guess 30 or 40 minutes or so.to get the , the final word didn't come down in the last i guess 30 or 40
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minutes or so. we are going to stay on the air until we have word of the execution which we anticipate happening in just a matter of a few minutes. bj, at this point, what -- what is the process? >> right now the process is the final preparations of troy davis. he already had the iv in his arm. they will be getting him into a room and they will administer a lethal injection. and -- >> the iv is for a sedative that he is allowed to have to calm him before? >> exactly. the iv to calm him before and he will go in and be an injection t will be witnessed by members of the media, members of law enforcement, and then as we heard, the -- some of the family members from the slain officer and then, of course, some of the davis family members have the option to be present as well. >> is he allowed to say anything before the injection is administered? >> he is briefly allowed to say something. he had an opportunity earlier today to say something and he
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declined, saying that he didn't want a special meal, accident want to do anything special because he believed he was gonna live. >> which in 2008, he was offered a last meal and declined a special meal and he was right then. >> this is the fourth time he has been close to death and unfortunately, in the next few moments it is going to be a rate. >> we are going to take a quick break, our coverage continues. we will be right back. thanks for the falcon. i didn't buy anyone a falcon. sure, you did. you saved us a lot of money on auto insurance. i used that money to buy a falcon. ergo, you bought me a falcon. i should've got a falcon. most people who switch to state farm save on average about $480. what they do with it, well, that's their business. oh, that explains a lot, actually. [ chuckles ] [ male announcer ] another reason people switch to state farm. aw, i could've gotten a falcon. [ male announcer ] get to a better state. [ falcon screeches ] >> we are going to take a quick
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