"Troy Davis and the Supreme Decision"

Troy Anthony Davis was scheduled to die by lethal injection Tuesday. Two hours before the state of Georgia was to execute him, the U.S. Supreme Court issued a stay until Monday. It had earlier agreed to hear Davis’ case on Sept. 29, but Georgia set his execution date six days before the hearing.

Davis was charged with killing Mark MacPhail, an off-duty police officer, in Savannah, Ga., in 1989. Davis had gone to the aid of a homeless man who was being pistol-whipped in a parking lot. Seeing the gun, he said he fled. MacPhail, working security nearby, intervened next, and was killed. Davis, an African-American, claimed his innocence, but was found guilty and sentenced to death. Since his conviction, seven of the nine non-police witnesses have recanted their testimony, alleging police coercion and intimidation in obtaining their testimony. By coming forward and recanting, they face serious repercussions, possibly jail time. Some have identified a different man as the shooter. This man is one of Davis’ remaining accusers.

In July 2007, Davis faced his first execution date. Just a day before he was to be executed, the Georgia Pardons Board granted a stay of execution for up to 90 days. Then, Davis’ attorneys argued before the Georgia Supreme Court for a retrial or for a hearing to present new evidence. The requests were denied, by a 4-to-3 vote. In the same period, the U.S. Supreme Court was weighing whether death by lethal injection constituted cruel and unusual punishment (the court ultimately allowed its use)..

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