while we re waiting for file that appeal, and while you does i to take it, please don t let the state proceed with the execution. it wouldn t make any sense to later say, yeah, we re going to take this case and already have the execution already happened. that s the usual procedure. sometimes the supreme court grants these stays. last week it did, and last week it also denied a stay. there s no way to predict what s going to happen here. this case has been before the supreme court once before, they sent it back to the lower courts, and the justices 345i feel the lower courts have adequately addressed the issues. we just don t know what it s going to do. this is what i think the average person hears right now in fact to avoid the execution of an innocent man or the execution of someone who is guilty, depending on your views. how does this guy have enough legal power to operate at all
they wanted to get somebody for it. so they bring this guy to trial, and i wonder whether the jury had that problem executing the guy with nine witnesses? nine witnesses, the guy is there, he s one of the two people, and then he has a gun that was apparently used in a crime earlier that night, the shell casings match, conviction. then all these year later we go back and look at the case and say, well, the evidence has evaporated. this is a hard one. it is a hard one. i ve seen nothing that would lead me to believe this was an improper prosecution. i don t think there was anything wrong done by the prosecution. he proceeded in good faith through the norm at course of trial down there. there was some evidence in a case, but as barry indicated earlier, the primarily
the house on fire and it was a triple homicide. i look at a case like that and i say there are some circumstances that are so egregious where this punishment is appropriate. i agree with you completely, michael, as i often do. yes? appropriate, absolutely, and i won t argue with smerc. do we do it? to me it s taking that step knowing that over time when you look at all the executions, maybe there are only two mistakes. maybe there are only five mistakes. maybe there are only 15. i also agree with smerc that evidence does degrade over time and there must have been a convincing case against troy davis presented at trial. it s been scrutinized over the years. but how much uncertainty is enough? and i don t know how to answer that question. but i do know that you can t take it back and that s my problem with this punishment.
punishment, not about this case, that may well be already brought to an end with the execution just moments ago, but one of the most shocking moments for nbc news and politico at the reagan library was what we saw from the cheering when rick perry talked about all the people, hundreds w them ford execution papers. let s watch. your state has executed 234 death row inmates, more than any other governor in modern times. have you have you struggled to sleep at night with the idea that any one of those might have been innocent? no, sir, i ve never struggled with that at all. well, you have a couple points there. i didn t even notice the last tag from the governor, but let s talk about the public reaction. instinctive, enthusiastic applause, representing the fact that in a recent poll, 80% of republicans, 82% are full
there s no parole in a lot of states. i think most stays now. so that s enforced. it s enforced, yeah. let me go to michael smerconish. you ve been through the mamea case. that s a weird case. the guy never said he was innocent. this case, apparently he s said for years he s innocent. it seems like a very different case and a case where it s really open to a thoughtful analysis at this point although i bet a lot of murder cases are. you know, chris, i m glad you referenced my involvement. that case is the highest death penalty case in the world. i ve served as pro bono legal counsel for the police officer s widow for literally decades. what i have seen in that case, which i applied to this case, i don t know the underlying facts of the case we re discussing tonight as well as your other guests. the presentation of evidence is manipulated over time the further you get from the trial