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Attorney Roy Miller writes governor about Troy Davis

By Attorney Roy Miller

ATLANTA, June 4, 2009, 10 p.m. - I am concerned that Mr. Troy Davis may be executed without being afforded access to O.C.G.A. 17-1-4.  “After the trial and first set of appeals, seven of the nine prosecution eyewitnesses who had linked Davis to the killing recanted or contradicted their original trial testimony, claiming police coercion and questionable interrogation tactics” (Wikipedia).  This appears to clearly amount to corrupt and willful perjury.  An order entered in consequence of corrupt and willful perjury shall be set aside and be of no effect.  O.C.G.A. 17-1-4 reads: 

§ 17-1-4.  Vacation of judgments, verdicts, rules, or orders obtained by perjury

   “Any judgment, verdict, rule, or order of court which may have been obtained or entered shall be set aside and be of no effect if it appears that the same was entered in consequence of corrupt and willful perjury. It shall be the duty of the court in which the verdict, judgment, rule, or order was obtained or

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entered to cause the same to be vacated upon motion and notice to the adverse party; but it shall not be lawful for the court to do so unless the person charged with perjury shall have been duly convicted thereof and unless it appears to the court that the verdict, judgment, rule, or order could not have been obtained and entered without the evidence of the perjured person, saving always to third persons innocent of such perjury the rights which they may lawfully have acquired under the verdict, judgment, rule, or order before the same shall have been actually vacated.” 

The admittance of such corrupt and willful behavior appear to have been  known by the District Attorneys Office within the Statute of Limitation, but it appears that no charges of perjury were brought.  The assumption is that the District Attorneys Office had the power and duty to pursue the charge.  The apparent crime was timely reported.  Mr. Troy Davis was apparently denied the right to the protections of O.C.G.A. 17-1-4.  This denial may cause Mr. Davis his life. 

O.C.G.A. 16-10-70 defines perjury as: 

§ 16-10-70.  Perjury

   “(a) A person to whom a lawful oath or affirmation has been administered commits the offense of perjury when, in a judicial proceeding, he knowingly and willfully makes a false statement material to the issue or point in question.” 

It appears that witnesses have admitted to such perjury; however, it also appears that the District Attorneys Office ignored such.  This sends out a message that it is alright to commit perjury, if it helps out the prosecution.  In the name of justice, I ask that you do what is appropriate to stop the execution of Mr. Troy Davis.  This will also send out a strong message to every court room in Georgia that perjury is unacceptable and is to be taken extremely serious. 

                                                                                    Sincerely, 

 

                                                                                    Roy Miller, Attorney

(Miller provides legal services to Redding Communications, Inc., (RCI), the parent company of Redding News Review).

 

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