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On Aug. 17, the U.S. Supreme Court ruled that condemned death row inmate Troy Davis deserves a chance to present new evidence in his case. Attorneys have long argued that Davis didn’t kill Savannah police officer Mark MacPhail in 1989 and that key witnesses have recanted testimony.

“The substantial risk of putting an innocent man to death, clearly provides an adequate justification for holding an evidentiary hearing.”
— U.S. Justice John Paul Stevens, writing for the majority Aug. 17

“We should be prepared to go to the moon and back in order to avoid executing an innocent man. Every stone must be turned, every possibility fully explored, every alternative narrative put to rest to the extent possible. Justice demands no less of us.”
— From an Aug. 19 Augusta Chronicle editorial

“He should have been dead two years ago … Every delay is awful for us every time. I’m not saying Davis’ family isn’t suffering either. But Davis had a choice. Mark didn’t … I want it to be over.”
— Anneliese MacPhail, mother of the murdered police officer, in the Aug. 19 New York Times

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This just in, from Amnesty International’s media relations director, Wende Gozan Brown: The country’s highest court has postponed its decision on whether to hear the appeal of Georgia death row inmate Troy Davis, whose innocence claims have caused an international outcry.

Although a decision was expected today, the U.S. Supreme Court has opted to wait until it reconvenes in September — which will ward off a death warrant for Davis.

Davis already has had three execution dates set over the past three years, and once came within hours of execution before a last-minute stay was granted.

We’ll be updating this as the story develops. Stay tuned.

Here’s a statement we just received from Amnesty International:

“This delay is an indication that the Supreme Court is concerned by the gravity of Troy Davis’  innocence claims,” said Laura Moye, director of Amnesty International USA’s Death Penalty Abolition Campaign.  ”We will continue to call on all authorities, including the Supreme Court, to finally hear the evidence that has motivated hundreds of thousands of people worldwide to raise their voices and demand justice.”

(Photo courtesy Georgia Department of Corrections)

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Jim Galloway at the AJC’s Political Insider points us to an op-ed about longtime death row inmate Troy Davis in today’s New York Times by Bob Barr. The former Libertarian presidential candidate and Georgia congressman, who says he’s a death-penalty supporter, says Georgia might be about to execute an innocent man.

This threat of injustice has come about because the lower courts have misread the Anti-Terrorism and Effective Death Penalty Act of 1996, a law I helped write when I was in Congress. As a member of the House Judiciary Committee in the 1990s, I wanted to stop the unfounded and abusive delays in capital cases that tend to undermine our criminal justice system.

With the effective death penalty act, Congress limited the number of habeas corpus petitions that a defendant could file, and set a time after which those petitions could no longer be filed. But nothing in the statute should have left the courts with the impression that they were barred from hearing claims of actual innocence like Troy Davis’s.

It would seem in everyone’s interest to find out as best we can what really happened that night 20 years ago in a dim parking lot where Officer Mark MacPhail was shot dead. With no murder weapon, surveillance videotape or DNA evidence left behind, the jury that judged Mr. Davis had to weigh the conflicting testimony of several eyewitnesses to sift out the gunman from the onlookers who had nothing to do with the heinous crime.

…

I am a firm believer in the death penalty, but I am an equally firm believer in the rights and protections guaranteed by the Constitution. To execute Troy Davis without having a court hear the evidence of his innocence would be unconscionable and unconstitutional.

(Photo by Joeff Davis)

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The AJC reports that more than two-dozen former judges, justices and prosecutors are asking the U.S. Supreme Court to rule that a lower court should hear new evidence in the case of longtime death row inmate Troy Davis:

Among those signing the friend-of-the-court brief were former Deputy U.S. Attorney General Larry Thompson; two former state Supreme Court chief justices, including Norman Fletcher of Georgia; nine former U.S. attorneys, including former Georgia congressman Bob Barr and former FBI Director William Sessions; three former judges from the federal appeals court in Philadelphia; and former state attorneys general from Florida and New Jersey.

Davis has received eleventh-hour stays of execution three times in the past two years and is on the verge of exhausting every available appeal. To date, no court has heard evidence that seven of the nine trial witnesses to testify against him have since recanted their testimony, many of them claiming police initimidation.

Photo gallery of the May 19 rally held at the Georgia state capitol for Troy Davis

(Photo courtesy Georgia Department of Corrections)

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Over 1,200 people rallied in front of the Georgia Capitol this evening for death row inmate Troy Davis. The rally was part of the “Global Day of Action for Troy Davis.” Rallies for Davis were held in 45 states and 28 countries.

One of the rally’s speakers was Juan Melendez, a former death row inmate who served 17 years in prison for a crime he didn’t commit. Melendez was freed in January 2002 after another person’s confession to the murder for which he was convicted was allowed to be heard in court. Just as in Davis’ case, no physical evidence linked Melendez to the crime. He was convicted on the false testimony of a police informant who was paid $5,000 for the tip that cost Melendez 17 years of his life behind bars. “You can never release an innocent man from the grave,” Melendez said during his speech at the rally.

(Photo by Joeff Davis)

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Three times over the past two years, Troy Davis has come within 24 hours of his scheduled execution, only to be spared by an eleventh-hour stay.

Now, with another execution date all but certain, the longtime death row inmate has filed what very well could be his last appeal — and a rally tonight on the Capitol steps will attempt to bring even more awareness to Davis’ high-profile innocence claims.

Seven of the nine trial witnesses who took the stand against Davis in 1991 have since recanted their testimony, many of them alleging intimidation by Savannah police officers who were investigating the murder of one of their own. Officer Mark MacPhail, who’d been working off-duty as a security guard when he came to the aid of a pistol-whipped homeless man, was brutally gunned down in a Burger King parking lot in 1989.

Davis was later convicted of killing MacPhail, but witnesses have since claimed that another man — one of the two trial witnesses who didn‘t rescind his testimony against Davis — might have been the killer.

(more…)

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Despite key witnesses recanting their testimony, the 11th U.S. Circuit Court of Appeals on April 16 rejected longtime death row inmate Troy Davis’ request for a new trial — the latest and possibly last in a lengthy series of appeals.

“Davis has not presented us with a showing of innocence so compelling that we would be obligated to act today.”

— Judges Joel Dubina and Stanley Marcus, writing for the majority in their rejection of Davis’ request

“To execute Davis, in the face of a significant amount of proffered evidence that may establish his actual innocence, is unconscionable and unconstitutional.”

— Judge Rosemary Barkett, writing for the dissent

“I am disgusted, I am saddened by it, but I’m not deterred in my determination to fight for my brother.”

— Davis’ sister Martina Correia in an April 16 WTOCTV.com article

“We believe that justice will be served and the courts will do what they’ve done for the past twenty years and deny him.”

— Mark MacPhail Jr., the son of the police officer whom Davis was convicted of killing, quoted in the same WTOC-TV story

“You have to plan your own funeral: saying goodbye, your last meal, what to do with your body, who will be there to witness it.”

— Davis, describing his reaction to being read a death sentence in an April 14 conference call with his supporters, as reported in the Emory Wheel

(Photo courtesy Georgia Dept. of Corrections)

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Troy Davis

Longtime Georgia death row inmate Troy Davis, whose innocence claims have attracted national attention and who’s received three last-minute stays of execution, has lost what could be the last appeal to spare his life.

According the Eleventh Circuit Court of Appeals’ decision, issued today [PDF]:

Davis has failed to adequately explain why he had not exhausted his state remedies concerning … prior to filing his first federal habeas petition.

Basically, it’s not a matter of too little evidence in Davis’ favor but, rather, evidence that was presented way too late.

According to the AJC:

The 11th U.S. Circuit Court of Appeals rejected Davis’ bid in a 2-1 decision, saying he could not file a new appeal raising claims of innocence. But the court continued his stay of execution for 30 more days so Davis can pursue his final appeals before the U.S. Supreme Court.

In December 2008, a three-judge panel heard Davis’ most recent federal appeal for a new trial. Through his attorneys, Davis claims to have been wrongfully convicted in 1991 of killing a Savannah police officer. Seven of the nine witnesses who testified against Davis at trial have since recanted their testimony — many of them claiming that they were coerced into identifying Davis by the police department colleagues of murdered officer Mark MacPhail.

(Photo courtesy Georgia Department of Corrections)

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Troy Davis

The tumultuous case of death row inmate Troy Davis — whose execution date has thrice been postponed due to innocence claims — has been mostly quiet since last fall.

That’s about to change.

According to an e-mail I just got from Wende Gozan Brown at Amnesty International:

Indie rock band State Radio has become active on the Troy Davis case. They play Atlanta tomorrow night, and they’re holding a rally for Troy at Little 5 Points at noon tomorrow (Findley Plaza, 1160 Euclid Ave NE). Chad, lead singer, will play acoustic and perform the song he wrote for Davis — Jared Feuer, our southern regional director, will speak, as will William Montrose and Sara Tatonchi of Southern Center for Human Rights. Then their show that night will basically be dedicated to Troy.

State Radio’s video for the abovementioned song, “State of Georgia,” provides a pretty compelling summation of the newly discovered evidence in the case, including the recantations of seven of nine trial witnesses.

State Radio plays the Variety Playhouse tomorrow, Feb. 13.

(Photo courtesy Georgia Department of Corrections)

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In about three hours, the latest in a series of candlelight vigils will be held for Death Row resident Troy Davis, this one in front of the 11th Circuit Court of Appeals building in Downtown’s Fairlie-Poplar district. As usual, the gathering will be led by Rev. Tim McDonald, pastor of First Iconium Baptist Church, and other Atlanta  clergy folk.

Tomorrow, the Court will hear arguments to decide if Davis will be permitted to challenge his murder conviction in federal court. Davis has already avoided three scheduled execution dates due to last-minute court reprieves.

Tonight’s event begins at 6:30 p.m. at 56 Forsyth St.

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Georgia's death chamber

Defense attorney Steve Bright, who arguably knows more about the death penalty than anyone in Georgia, likes to tell a story about former Virginia Gov. Douglas Wilder.

In the four years Wilder was the state’s top executive, he commuted only two death sentences. One was for a man named Earl Washington. On Wilder’s last day in office, Jan. 14, 1994, he signed an order that stated:

“A review of the record … demonstrate[s] that Earl Washington Jr. received a fair trial and his appeals were well represented and considered. Recently, newly discovered evidence has become available as the result of the initiatives of the Attorney General’s Office. It is clear from precedent in past cases … that there are no provisions under Virginia law whereby such newly discovered evidence can now be considered by the courts.”

The inability of the courts to consider new evidence — even in a death penalty case — troubled the governor. The hunch proved fortuitous. Eight years after Wilder commuted the sentence, DNA evidence showed that Washington was the wrong guy.

Now, a similar claim has been raised in Georgia, in the case of death row inmate Troy Davis.

For the rest of the story, click here.

Visit our multi-media Troy Davis page for updates from the U.S. Supreme Court, excerpts from the affidavits of trial witnesses who recanted their testimony, and slideshows and video of the grassroots movement to bring awareness to the case.

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Though a decision was expected today, the U.S. Supreme Court instead will meet on Friday to discuss whether to hear the 11th-hour appeal of Georgia death row inmate Troy Davis. At least that’s what the high court’s docket says.

Davis has twice seen his execution delayed — both times within hours of his scheduled death. In the 17 years since Davis was convicted of murdering Savannah police officer Mark MacPhail, his attorneys have unearthed evidence suggesting another man committed the crime. But lower courts, including the Georgia Supreme Court, have ruled that the evidence is inadmissible.

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Supporters and loved ones of Troy Davis marched through downtown Atlanta and rallied at Ebenezer Baptist Church September 18, 2008.

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The U.S. Supreme Court is expected to decide by next Monday whether to hear the appeal of Georgia death row inmate Troy Anthony Davis, AJC.com reports today. Last week, the high court granted Davis a stay — less than two hours before his scheduled execution — to give the justices time to decide if his innocence claims warrant further review.

According to the AJC story:

The high court’s granting the stay at such a late hour, while not unprecedented, indicates the case has the justices’ interest, court watchers said.

“The court can grant a stay and then refuse to hear a case, but they don’t issue the stay lightly,” said Thomas Goldstein, a Washington lawyer who specializes in arguing cases before the high court. “They are thinking about it hard.”

Last week’s U.S. Supreme Court order stated that if the justices opt not to hear the appeal, “this stay shall terminate automatically” — meaning Davis’ execution would again be imminent.

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There are a bunch of events planned today for Troy Davis, the longtime death row inmate scheduled for execution tonight — despite evidence that suggests he might not have killed Savannah police officer Mark MacPhail.

Unless the U.S. Supreme Court grants a last-minute stay of execution, Davis will die by lethal injection sometime after 7 p.m. at the Georgia Diagnostic and Classification State Prison in Jackson, Ga.

Here’s the run-down of protests, organized by Georgians for Alternatives to the Death Penalty and Amnesty International:

• 1:15 p.m. — GFADP organizers and volunteers will meet at Johnny Rocket’s near Underground Atlanta (50 Upper Alabama St.) to stage a nearby “die-in.” According to the group: “This means laying down in front of a particular site as someone holds a sign explaining why people are lying down.”
• 6:30 p.m. (in Jackson) — If there is no stay of execution, protesters will gather outside the site of the execution. Get directions here.
• 6:30 p.m. (in Atlanta) — Davis’ supporters will meet at the Georgia State Capitol downtown, near the corner of MLK Drive and Washington Street, either to protest Davis’ death or celebrate a stay of execution.
• Additional protests are planned in Americus, Athens, Augusta, Clarkesville, Dawson, Marietta and Savannah. Details here.

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Troy Anthony Davis, who is scheduled for execution tomorrow despite a heap of evidence that suggests he might be innocent, has gathered the support of former President Jimmy Carter, Nobel Peace Prize-winner Desmond Tutu, Pope Benedict XVI, the Rev. Al Sharpton, U.S. Rep. John Lewis, Libertarian presidential hopeful Bob Barr, and New York Times columnist Bob Herbert.

But his only really hope lies with the Supreme Court of Georgia, the U.S. Supreme Court, and — yeah, right — George Bush.

Yesterday’s AJC described a visit the Rev. Sharpton paid to Davis on Georgia’s death row:

“He was not overly optimistic or pessimistic,” said the Rev. Sharpton, who visited Davis … at the request of Davis’ family. “He was suprisingly upbeat. He seemed like he was depending on his faith to see him through.”

Herbert, in his Friday Times column, opined:

Putting someone to death whose guilt is uncertain is always perverted, but there’s an extra dose of perversion in this case.

The United States Supreme Court is scheduled to make a decision on whether to hear a last-ditch appeal by Mr. Davis on Sept. 29. That’s six days after the state of Georgia plans to kill him.

And this morning, NPR chimed in, quoting the Southern regional director of Amnesty International, Jared Feuer:

“Troy Anthony Davis’ case symbolizes all that is wrong with the death penalty. You have questions of improper witness handling. You have procedural obstacles that get in the way of the truth. You have issues of race and, ultimately, you have a system that can’t go back and correct its mistakes.”

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Hundreds of people rallied outside the Capitol Thursday evening in a final attempt to convince the state Pardon and Parole Board that Troy Davis shouldn’t be executed. Davis has been on death row since 1989 for the murder of a Savannah police officer. Although there was no physical evidence linking Davis to the murder and seven of the nine witnesses who originally identified him as the killer have recanted their testimony the state has given a Sept. 23 date for Davis’ execution. His last hope is the parole board, which meets today to hear testimony about the case. The two-hour rally included speeches by Davis’ sister, state Sen. Vincent Fort and two of 129 death row inmates who have been exonerated nationwide in the last 35 years. Davis also spoke to the crowd through a cell phone call from the prison where he is held. The board is expected to make a ruling on the case sometime in the next week.

See more photos from yesterday’s Troy Davis rally at the Capitol here.

(Photo by Joeff Davis)

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