ALAA Roots — An Unofficial Site

November 20, 2008

2008.11.20: Federal Appeals Court to Hear Troy Davis Case 12/9

Filed under: Civil Rights,Criminal Justice,Racism,Sentencing — nyclaw01 @ 4:00 pm

From:  Kurti, Rebecca
Sent: Thursday, November 20, 2008 4:01 PM
To: ALAA MEMBERS; 1199 Members
Subject: Federal Appeals Court to Hear Troy Davis Case 12/9

More on Troy Davis, whose lawyers were granted the right to present oral arguments. Clearly, the 11th Circuit Court of
Appeals thought this case deserved a second look. Note the tortured logic of Chatham County District of Attorney,
who says that the recantation of eyewitness testimony suggests “manipulation” . Many of these witnesses are risking
perjury charges by coming forward now. Far more likely is that the “manipulation” was by police and prosecutors who
were building a case against Troy in 1989, as these witnesses and Troy allege.

http://www.ajc. com/metro/ content/metro/ stories/2008/ 11/19/troy_ davis_appeal. html
ajc.com > Metro
Federal appeals court to hear Troy Davis case Dec. 9
Associated Press
Wednesday, November 19, 2008

SAVANNAH, Ga. The federal appeals court in Atlanta will hear arguments Dec. 9 on whether death row inmate Troy
Anthony Davis can continue to challenge his conviction in the killing of a Savannah police officer, a state official said
Wednesday.

Russ Willard, spokesman for the Attorney Generals Office, said a three-judge panel of the 11th U.S. Circuit Court of
Appeals will hear arguments on whether Davis can file a second federal challenge to his conviction.

The 11th Circuit issued a stay of execution three days before Davis, 40, was scheduled to die Oct. 27 for the 1989
murder of Officer Mark MacPhail.

It was the third time since July 2007 that Davis has been spared the death penalty by a late court decision.

Defense lawyers have tried to win a new hearing for Davis since several witnesses who identified him as the killer came
forward and changed their testimony, saying that another man shot MacPhail.

The officer was working off-duty as a security guard at a bus station when he rushed to help a homeless man who
had been pistol-whipped at a nearby parking lot. The 27-year-old was shot twice when he approached Davis and two
other men.

Davis lawyers say new evidence proves their client was a victim of mistaken identity.

Prosecutors have said the case is closed. In court hearings, they said some of the affidavits repeat what a jury trial
already has heard, while others are irrelevant because they came from witnesses who never testified.

District Attorney Spencer Lawton also said he doubts the new testimony meets the legal standards for a new trial. And
while the recantations may seem persuasive to some, Lawton said, to others of us it invites a suggestion of
manipulation, making it very difficult to believe.

Davis was set to be executed in July 2007, but Georgias pardons board postponed the execution less than 24 hours
before it was to be carried out.

Over the next few months, a divided Georgia Supreme Court twice rejected Davis request for a new trial, and the
pardons board turned down another bid for clemency after considering the case again.

Then, two hours before his scheduled Sept. 23 execution, the Supreme Court issued a stay. A few weeks later, the
high court cleared the way for the execution when it decided not to give Davis another hearing.

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