George Davis | |
---|---|
Born | 1941 (age 82–83) Bletchley, England |
Occupation | Stoppo (getaway) driver |
Spouse(s) | Rose (div. 1976) Jennifer |
Children | 2 |
Conviction(s) | Armed robbery (three times) |
Criminal penalty | 20 years (released under Prerogative of Mercy) 15 years 18 months |
George Davis (born 1941)[ citation needed ] is an armed robber, born in Bletchley,[ citation needed ] England and active in England. He became known through a successful campaign by friends and supporters to free him from prison after his wrongful conviction in March 1975, for an armed payroll robbery at the London Electricity Board (LEB) offices in Ilford, Greater London, on 4 April 1974. [1] Following his release, Davis was jailed for two cases of armed robbery.
A number of blood samples (matching different blood groups) were recovered and formed part of the prosecution case. Of four accused, only Davis was convicted. At a number of specific locations, Davis was identified but the blood obtained from the location did not match his; neither did the blood match any of his co-accused.[ citation needed ]
A further complication turned on the fact that Davis might never have been committed for trial from the lower courts had blood test results been disclosed at the committal stage. Although it subsequently became clear that evidence had by then become available to police, it was suppressed and this abuse of due process became one of the core allegations relied upon by those campaigning for the release of Davis.
"The blood samples taken from ... Davis ... at Walthamstow on 18 May 1974 were passed on to the Yard's Senior Scientific Officer, Peter Martin, on 21 May and he reported his negative findings to the police officer in charge of the case on 20 June. At as late as November 1974 on a third bail application, this time before a judge in chambers, and after committals had been completed (28 October) the police were saying that they still awaited the blood results from forensic." [2]
On 19 August 1975, while Davis was serving a 20-year prison sentence for the Ilford LEB robbery, his supporters dug holes in the pitch and poured oil over one end of the wicket at the Headingley Cricket Ground, preventing further play in the Test match between England and Australia. [3] This direct action protest by relatives and friends of George Davis was accompanied by Davis Campaign graffiti proclaiming "FREE GEORGE DAVIS ... JUSTICE FOR GEORGE DAVIS ... GEORGE DAVIS IS INNOCENT ... SORRY IT HAD TO [BE] DONE". Three men and one woman were tried for this incident, and one, Peter Chappell, was eventually jailed for 18 months.[ citation needed ] The Davis campaigners who were remanded to prison to await trial for the Headingley sabotage continued their campaigning in support of one another within the prison system.[ citation needed ] One, Geraldine Hughes, refused to accept bail until it had also been granted to all of her co-accused.[ citation needed ] The campaign was also characterised by the graffiti “GEORGE DAVIS IS INNOCENT OK” or some variant thereof, in plain white paint, appearing on dozens of walls and bridges in London and on motorways. [4]
Roger Daltrey of The Who went on stage in 1975 wearing a T-shirt emblazoned with "George Davis Is Innocent". "George Davis Is Innocent" was a song on Sham 69's 1978 debut album Tell Us the Truth , and the song "The Cockney Kids Are Innocent" ends with a namecheck. Patrik Fitzgerald also showed support with "George" on the 1979 EP The Paranoid Ward. Davis received a namecheck in the Duran Duran song "Friends of Mine" on the album Duran Duran (1981): the chorus begins "Georgie Davis is coming out".
The back cover of the Tom Robinson Band's LP Power in the Darkness (1978) contains a cropped photo of the band seated on a street in front of a wall; the 2004 CD issue of that album shows the uncropped photo, showing the wall contained the graffito "GEORGE DAVIS IS GUILTY". [5]
Before Chappell's 1976 trial and conviction there was media criticism of the decision by the courts to refuse bail to the Headingley defendants (for example The Daily Telegraph editorial "WHEN TO GIVE BAIL", 28 August 1975) and eventually bail was granted to all of them. Bail conditions were stringent and denied the four Headingley accused the right to discuss Davis's wrongful conviction in public.
Importantly, the original campaign to free Davis overlapped with, variously influenced, and was in turn influenced by other criminal justice campaigns in London, particularly the Free George Ince Campaign. Ince, another London victim of identification evidence, was also eventually freed. Although the "EAST END SOLIDARITY CAMPAIGN...TO STOP EAST END FIT UPS" (October 1975, UPAL/INCE Campaign political poster) had pre-dated the Davis Campaign, it went on to parallel it.
Both campaigns had support from London political activists who had a history of organising radical defence campaigns around the criminal justice system. In particular, among these core activists (who had supported and helped organise "defence campaigns" in connection with The Angry Brigade arrests and criminal prosecutions) were a number who went on to establish Up Against The Law (UPAL), a London-based "political collective". This Collective publicised the Ince case [6] and went on to produce the most detailed publicly available investigation of the 1974 Davis Case armed robbery. [7]
In September 1975, Peter Chappell while awaiting trial in prison for the August 1975 Headingley sabotage, wrote to UPAL:
"When this campaign started 18 months ago I was completely on my own and, if the truth were known, I was probably being labelled as a well meaning nut case, even in East London with no friends at all that I could seriously talk to about Davis’s case… I value UPAL’S help a great deal … I thought that I must find other people and that if I make sacrifices then sooner or later others would join the fight…. George Davis is not on his own any more thanks to people like you. There are more things twixt life and death than a pound note."
Some of UPAL's core activists, involved with both the Davis and Ince Campaigns, had also had late '60s early '70s activist connections with the Release Collective. [8]
In May 1976, despite a then-recent Court of Appeal decision (11 December 1975) not to overturn Davis's criminal conviction, the Home Secretary, Roy Jenkins, on partial completion of a police review of the case, agreed to recommend the release of Davis without further referral back to the Court of Appeal. Jenkins undertook this highly exceptional exercise of the Royal Prerogative of Mercy because of doubts over the evidence presented by the police which helped convict Davis. Davis's release was announced on 11 May 1976.
At the time of Davis's release, former Home Office Minister Alex Lyon wrote at some length to explain the genuine difficulties he had faced in seeking to resolve the constitutional difficulties he saw as preventing Davis's release from a conviction that he had regarded as unsafe. [9]
According to a BBC Radio 4 documentary, [10] although Davis was released because his conviction was deemed to be "unsafe" by the Home Secretary he extraordinarily held that Davis was not held to be "innocent". The period of official embargo on the release to the Public Record Office of official papers, related to the 1976 decision to free Davis, has now been extended by 20 years until 2026.
However, according to a report in The Independent written by the newspaper's Law Editor, Robert Verkaik, Davis and one of his original trial barristers, David Whitehouse, later a QC, intended to make representations to the Criminal Cases Review Commission in the hope that they would return to court citing new evidence and establish Davis's innocence and seek compensation for his period of imprisonment. [11] The appeal was heard "explicitly on the basis that (Davis) has no expectation of compensation or other recognition. His reputation is, clearly, that of an armed robber whatever the result". [12]
On 24 May 2011, Davis's conviction for the 1974 raid on the London Electricity Board was quashed by three judges at the Court of Appeal. One of the judges, Lord Justice Hughes, said that the conviction, based on dubious identification evidence, was unsafe but that the court was not able positively to exonerate Davis. [13]
In 1978, two years after his release from prison, Davis was jailed again, having pleaded guilty to involvement in an armed bank raid on 23 September 1977 at the Bank of Cyprus, Seven Sisters Road, London. [14] Davis was caught at the wheel of the getaway van with weapons beside him; in the raid shots were fired and a security guard clubbed to the ground. [15] He was released early in 1984 but jailed again in 1987 for attempting to steal mailbags. Davis pleaded guilty. [11]
Some time[ when? ] after his release from prison in 1976, Davis separated from his first wife Rose. Some years later[ when? ] he married Jennifer, the daughter of a North London police Chief Inspector. [16]
His first wife, Rose Dean-Davis (d. 31 January 2009), wrote a book, The Wars of Rosie: Hard Knocks, Endurance and the 'George Davis Is Innocent' Campaign in 2008. [17]
Rubin "Hurricane" Carter was an American-Canadian middleweight boxer, wrongfully convicted and imprisoned for murder, until released following a petition of habeas corpus after almost 20 years in prison.
In 1974, 17-year-old Stephen Downing was convicted of murdering Wendy Sewell, a 32-year-old legal secretary, in the town of Bakewell in the Peak District in Derbyshire. Following a campaign by a local newspaper led by Don Hale, in which Sewell was purported to be promiscuous, Downing's conviction was overturned in 2002. The case is thought to be the longest miscarriage of justice in British legal history, and attracted worldwide media attention.
The West Midlands Serious Crime Squad was a police unit in the English West Midlands which operated from 1974 to 1989. It was disbanded after an investigation into allegations of incompetence and abuse of power on the part of some of the squad's members. Some of this misconduct resulted in wrongful convictions, including the high-profile case of the Birmingham Six. The sister Regional Crime Squad based at Bilston was responsible for the investigation of the Bridgewater Four.
Lesley Molseed(14 August 1964 –5 October 1975), born Lesley Susan Anderson, was an English schoolgirl who was abducted and murdered on 5 October 1975 in West Yorkshire. Stefan Kiszko, an intellectually disabled man who lived near Molseed's residence in Greater Manchester, was wrongly convicted in her murder and served sixteen years in prison before his conviction was overturned. His mental and physical health had deteriorated in prison, and he died twenty-two months after his release in February 1992 – before he could collect the money owed to him for his wrongful conviction. Kiszko's ordeal was described by one British MP as "the worst miscarriage of justice of all time."
The M25 Three were Raphael Rowe, Michael George Davis, and Randolph Egbert Johnson, who were jailed for life at the Old Bailey in March 1990 after being wrongfully convicted of murder and burglary. The name was taken from the location of the crimes, which were committed around the M25, London's orbital motorway, during the early hours of 16 December 1988. The original trial took place between January and February 1990, resulting in all three being convicted of the murder of Peter Hurburgh, causing grievous bodily harm with intent to Timothy Napier and several robberies. Each was sentenced to life imprisonment for the murder and given substantial sentences for the other offences. The convictions were overturned in July 2000. All three men have consistently maintained their innocence.
This is a list of notable overturned convictions in the United States.
Derek Creighton "Bertie" Smalls was considered by many as Britain's first supergrass. Although there have been informers throughout history – the Kray twins were partly convicted two years before Smalls on evidence given by Leslie Payne – the Smalls case was significant for three reasons: the first informer to give the police volume names of his associates and provide the evidence that would send dozens of them to prison to serve long sentences; the first criminal informer to strike a written deal with the Director of Public Prosecutions; the only criminal informer to serve no time for his crime in return for providing Queen's evidence.
The Pettingill family is a Melbourne-based criminal family, headed by matriarch Kath Pettingill. Family members have many convictions for criminal offences including drug trafficking, arms dealing and armed robberies.
Rough Justice is a British television programme that was broadcast on BBC, and which investigated alleged miscarriages of justice. It was broadcast between 1982 and 2007 and played a role in overturning the convictions of 18 people involved in 13 separate cases where miscarriages of justice had occurred. The programme was similar in aim and approach to The Court of Last Resort, the NBC programme that aired in the United States from 1957–58. It is credited with contributing to the establishment of the Criminal Cases Review Commission in 1997.
Cornelius Dupree Jr. is an American who was declared innocent of a 1980 conviction for aggravated robbery, which was alleged to have been committed during a rape in 1979. He was paroled in July 2010 after serving 30 years of a 75-year prison sentence in Texas. Prosecutors cleared him of the crime after a test of his DNA profile did not match traces of semen evidence from the case. Dupree, who was represented by the Innocence Project, spent more time in prison in Texas than any other inmate who was eventually exonerated by DNA evidence.
Connick v. Thompson, 563 U.S. 51 (2011), is a United States Supreme Court case in which the Court considered whether a prosecutor's office can be held liable for a single Brady violation by one of its members on the theory that the office provided inadequate training.
This is a list of notable overturned convictions in Canada.
The innocent prisoner's dilemma, or parole deal, is a detrimental effect of a legal system in which admission of guilt can result in reduced sentences or early parole. When an innocent person is wrongly convicted of a crime, legal systems which need the individual to admit guilt — as, for example, a prerequisite step leading to parole — punish an innocent person for their integrity, and reward a person lacking in integrity. There have been cases where innocent prisoners were given the choice between freedom, in exchange for claiming guilt, and remaining imprisoned and telling the truth. Individuals have died in prison rather than admit to crimes that they did not commit.
The California Innocence Project is a non-profit based at California Western School of Law in San Diego, California, United States, which provides pro bono legal services to individuals who maintain their factual innocence of crime(s) for which they have been convicted. It is an independent chapter of the Innocence Project. Its mission is to exonerate wrongly convicted inmates through the use of DNA and other evidences.
Ryan W. Ferguson is an American man who spent nearly 10 years in prison after being wrongfully convicted of a 2001 murder in his hometown of Columbia, Missouri. At the time of the murder, Ferguson was a 17-year-old high-school student.
Kirstin Blaise Lobato is a Nevada woman who was exonerated for the July 2001 murder and mutilation of Duran Bailey, a homeless man from St. Louis who was living in Las Vegas at the time of his death. At her first trial in May 2002, she was convicted of first-degree murder and sentenced from 40 to 100 years in prison. In a 2006 retrial, she was convicted of the lesser charges of voluntary manslaughter and sentenced to 13 to 45 years. Lobato's case gained significant notoriety due to the publication of new evidence, which some believe points to her innocence of the crime.
Sam Hallam, from Hoxton, London, is one of the youngest victims of a UK miscarriage of justice after an appeal court quashed his murder conviction in 2012.
Louis N. Scarcella is a retired detective from the New York City Police Department (NYPD) who earned frequent commendations during the "crack epidemic" of the 1980s and 1990s, before many convictions resulting from his investigations were overturned during his retirement. As a member of the Brooklyn North Homicide Squad, he and his longtime partner Stephen Chmil built a reputation for obtaining convictions in difficult cases. Since 2013, Scarcella has received extensive and sustained publicity for multiple allegations of investigative misconduct that resulted in false testimony against crime suspects, leading to innocent parties serving long prison terms and guilty individuals going free.
Robert Brown is a Scottish man who spent 25 years in jail for a crime he did not commit, the murder of worker Annie Welsh.