1. Troy Davis - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/Troy_Davis
From Wikipedia, the free encyclopedia
Troy Anthony Davis (October 9, 1968 – September 21,
2011)[1][2] was an American man convicted of and executed Troy Anthony Davis
for the August 19, 1989, murder of police officer Mark
MacPhail in Savannah, Georgia. MacPhail was working as a
security guard at a Burger King restaurant when he
intervened to defend a man being assaulted in a nearby
parking lot. During Davis's 1991 trial, seven witnesses
testified they had seen Davis shoot MacPhail, and two others
testified Davis had confessed the murder to them among 34
witnesses who testified for the prosecution, and six others for
the defense, including Davis. Although the murder weapon
was not recovered, ballistic evidence presented at trial linked
bullets recovered at or near the scene to those at another
shooting in which Davis was also charged. He was convicted
of murder and various lesser charges, including the earlier
shooting, and was sentenced to death in August 1991.
Davis maintained his innocence up to his execution. In the 20 Born October 9, 1968
years between his conviction and execution, Davis and his Died September 21, 2011 (aged 42)
defenders secured support from the public, celebrities, and
Butts County, Georgia, United
human rights groups. Amnesty International and other groups
States
such as National Association for the Advancement of
Colored People took up Davis's cause. Prominent politicians Conviction(s) Murder with aggravating factor
and leaders, including former President Jimmy Carter, Rev.
Penalty Death
Al Sharpton, Pope Benedict XVI, Archbishop Desmond Tutu,
former U.S. Congressman from Georgia and presidential Status Executed at Georgia Diagnostic and
candidate Bob Barr, and former FBI Director and judge Classification State Prison
William S. Sessions called upon the courts to grant Davis a
new trial or evidentiary hearing. In July 2007, September 2008, and
October 2008, execution dates were scheduled, but each execution was
stayed shortly before it was to take place.
In 2009, the Supreme Court of the United States ordered the U.S. District
Court for the Southern District of Georgia to consider whether new
evidence "that could not have been obtained at the time of trial clearly
establishes [Davis's] innocence." The evidentiary hearing was held in
June 2010. The defense presented affidavits from seven of the nine trial
witnesses whose original testimony had identified Davis as the murderer,
but who it contended had changed or recanted their previous testimony. Georgia Diagnostic and Classification
Some of these writings disavowed parts of prior testimony, or implicated State Prison, where Davis was held on
Sylvester "Redd" Coles, whom Davis contended was the actual death row and where he was executed
triggerman. The state presented witnesses, including the police
investigators and original prosecutors, who described a careful
investigation of the crime, without any coercion. Davis did not call some of the witnesses who had supposedly
recanted, despite their presence in the courthouse; accordingly their affidavits were given little weight by the
judge. Evidence that Coles had confessed to the killing was excluded as hearsay because Coles was not
subpoenaed by the defense to rebut it
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subpoenaed by the defense to rebut it.
In an August 2010 decision, the conviction was upheld. The court described defense efforts to upset the
conviction as "largely smoke and mirrors"[3] and found that several of the proffered affidavits were not
recantations at all. Subsequent appeals, including to the Supreme Court, were rejected, and a fourth execution
date was set for September 21, 2011. Nearly one million people signed petitions urging the Georgia Board of
Pardons and Paroles to grant clemency.[4] The Board denied clemency[5] and, on September 21, it refused to
reconsider its decision.[6] After a last minute appeal to the United States Supreme Court was denied, the
sentence was carried out through lethal injection on September 21, 2011.[7]
1 Events of August 18-23, 1989
1.1 Background of Mark MacPhail
1.2 Background of Troy Davis
2 Trial and conviction
2.1 Pre-trial proceedings
2.2 Prosecution case
2.3 Defense case
2.4 Verdict and sentencing
3 Appeals and challenges to conviction and sentence
3.1 First appellate proceedings
3.2 First habeas corpus proceedings
3.3 Federal appeals
3.4 First execution date
3.5 Second execution date
3.6 Third execution date
3.7 Federal hearing
3.8 Renewed U.S. Supreme Court petition
4 Execution of Troy Davis
5 References
6 External links
The charges against Troy Davis arose from the shooting of Michael Cooper, the beating of Larry Young and the
murder of Officer Mark MacPhail on August 18-19, 1989.
On the evening of August 18, 1989, Davis attended a pool party in the Cloverdale neighborhood of Savannah,
Georgia. As he left the party with his friend Daryl Collins, the occupants of a passing car yelled obscenities. A
bullet was fired at the car[8] and Michael Cooper, a passenger, was struck in the jaw.[9] Davis and Collins then
went to a pool hall on Oglethorpe Avenue in the Yamacraw Village section of Savannah.[10]
Later that evening, Davis and Collins proceeded to the parking lot of a Burger King restaurant on Oglethorpe
Avenue, not far from the pool hall.[10] There they encountered Sylvester "Redd" Coles arguing with a homeless
man, Larry Young, over alcohol.[8][11]
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At about 1:15 am on August 19, 1989, Mark MacPhail, an off-duty police officer working as a security guard,
attempted to intervene in the pistol-whipping of Young at the parking lot.[12] MacPhail was shot twice: once
through the heart and once in the face. He did not draw his gun.[8][11][13][14] Bullets and shell casings which
were determined to have come from a .38-caliber pistol were retrieved from the crime scene. Witnesses to the
shooting agreed that a man in a white shirt had struck Young and then shot MacPhail.[8]
On August 19, Coles told Savannah Police he had seen Davis with a .38-caliber gun, and that Davis had
assaulted Young.[8][15] The same evening, Davis drove to Atlanta with his sister.[8][15] In the early morning of
August 20, 1989, Savannah Police searched the Davis home and seized a pair of Davis's shorts which were
found in a clothes dryer.[16] Davis's family began negotiating with police, motivated by concerns about his
safety; local drug dealers were making death threats because the police dragnet seeking Davis had disrupted
their business.[15][17] On August 23, 1989, Davis returned to Savannah, surrendered himself to police and was
charged with MacPhail's murder.[15]
Background of Mark MacPhail
Mark Allen MacPhail, Sr., was 27 years old at the time of his murder. He was the son of a U.S. Army colonel,
was married, and was father to a two-year-old daughter and an infant son. He had joined the Savannah Police
Department in 1986 following six years of military service as an Army Ranger. MacPhail had worked for three
years as a regular patrol officer and in the summer of 1989 had applied to train as a mounted policeman.[18]
Hundreds of mourners, including county, state, and federal law enforcement officers, attended MacPhail's
funeral at Trinity Lutheran Church in Savannah on August 22, 1989.[19]
Background of Troy Davis
Davis was the eldest child of Korean War veteran Joseph Davis and hospital worker Virginia Davis.[20][21] The
couple divorced when Davis was very young,[21] and Davis grew up with four siblings in the predominantly
black, middle-class neighborhood of Cloverdale in Savannah, Georgia.[21]
Davis attended Windsor Forest High School, where one teacher described him as a poor student.[21] He dropped
out in his junior year so he could drive his disabled younger sister to her rehabilitation.[20] Davis obtained his
high-school equivalency diploma from Richard Arnold Education Center in 1987. A teacher noted that he
attended school regularly but seemed to lack discipline.[20] Davis's nickname at the time was "Rah," or "Rough
as Hell," but some neighbors reported that it did not reflect his behavior; they described him as a "straight-up
fellow" who acted as a big brother to local children.[21]
In July 1988, Davis pleaded guilty to carrying a concealed weapon; he was fined $250 as part of a plea
agreement in which a charge of possession of a gun with altered serial numbers was dropped.[22]
In August 1988, Davis began work as a drill technician at a plant which manufactured railroad crossing gates.
His boss once commented that while Davis was a likeable and good worker who appeared to have positive life
goals, his job attendance was poor and by Christmas 1988, he had stopped coming to work.[20] Davis returned
to the job twice in the following months but neither time remained for long.[20]
Davis was a coach in the Savannah Police Athletic League and had signed up for service in the United States
Marine Corps.[23]
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Pre-trial proceedings
On November 15, 1989, a grand jury indicted Davis for murder, assaulting Larry Young with a pistol, shooting
Michael Cooper, obstructing MacPhail in performance of his duty and possession of a firearm during the
commission of a crime.[24] Davis pleaded not guilty in April 1990.[14]
In November 1990, the presiding judge excluded forensic evidence from the pair of shorts seized at the Davis
home. The judge ruled that Davis's mother did "not freely and voluntarily grant the police the right to search her
home."[16] She had testified that police officers had threatened to break down her door unless she let them into
her home. The Georgia Supreme Court upheld the exclusion of the evidence in May 1991, saying that the police
should have obtained a search warrant.[24]
Davis was brought to trial in August 1991.
Prosecution case
The prosecution claimed that Davis had shot Cooper in Cloverdale, then met up with Redd Coles at a pool hall,
pistol-whipped the homeless man Larry Young in the parking lot and then killed Mark MacPhail.[9]
The prosecution called three eyewitnesses to the shooting of Cooper:
Cooper testified that he was intoxicated at the time he was shot, and that although Davis was one of the
people Cooper had quarrelled with, he "don't know me well enough to shoot me."[10]
Benjamin Gordon stated that the man who had shot Cooper had been wearing a white Batman T-shirt and
blue shorts. On cross-examination Gordon admitted he had not seen the person who shot Cooper and
stated that he did not know Davis.[10]
Daryl Collins had made a statement to police on August 19, 1989 that he had seen Davis shoot at the car
in which Cooper was travelling. However, on cross-examination at trial, Collins denied having seen Davis
carrying or shooting a gun on the night in question. Collins, who was 16 at the time he made the initial
statement, claimed police officers had told him he would be imprisoned if he refused to co-operate with
the investigation.[10]
The prosecution called a number of eyewitnesses to MacPhail's murder:
Antoine Williams testified that Davis, wearing a white shirt, had struck Young and then shot MacPhail.
[25][26][10][27]
Harriet Murray and Dorothy Ferrell testified that Davis, wearing a white shirt, had struck Young and shot
MacPhail. They testified Davis shot MacPhail again after he fell to the ground wounded.[28][10]
Coles testified that Davis, wearing a white shirt, had shot MacPhail. Coles admitted arguing with Young
but claimed it was Davis who had hit him with a pistol.[29] On cross-examination, Coles admitted that he
owned a .38-caliber pistol but testified he had given it to another man earlier on the night in question.[25]
Air force personnel Robert Grizzard and Steven Sanders were also called by the prosecution Sanders
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5. Troy Davis - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/Troy_Davis
Air force personnel Robert Grizzard and Steven Sanders were also called by the prosecution. Sanders
identified Davis as MacPhail's murderer while Grizzard stated he could not identify the gunman.[27]
Daryl Collins had claimed in a police statement to have seen Davis approach MacPhail; however, as with
the Cooper shooting claims (above), Collins retracted the statement on cross-examination.[10]
Two witnesses to whom Davis was claimed to have confessed were called at trial:
Jeffrey Sapp was a neighbor of the Davis family. He testified that Davis confessed to him soon after the
murder.[29]
Kevin McQueen was an acquaintance of Davis who had been held at Chatham County Jail at the same
time as Davis. McQueen claimed that Davis had admitted to being involved in the "exchange of gunfire"
in which Cooper was shot and to have shot MacPhail because he was "paranoid...they'd seen him that
night in Cloverdale."[30]
In total, thirty four witnesses testified at trial for the prosecution.[31]
The prosecution did not produce a weapon (neither the gun which Davis was said to have used nor the gun
owned by Coles) as evidence.[29] A ballistics expert testified that the .38 caliber bullet that killed MacPhail
could have been fired from the same gun that wounded Cooper. He also stated that he was confident that .38
casings found at Cloverdale matched bullet casings found near the scene of MacPhail's shooting.[27][32][33]
Defense case
Davis denied shooting Cooper and denied shooting MacPhail. Davis testified to having seen Coles assault
Young, and Davis said that he had fled the scene before any shots were fired and, therefore, did not know who
had shot MacPhail.[34][35]
Six witnesses, including Davis, testified at trial for the defense.[36] Davis's mother testified that Davis had been
at home on August 19, 1989, until he left for Atlanta with his sister at about 9 pm.[34]
Verdict and sentencing
On August 28, 1991, the jury took under two hours to find Davis guilty of murder, aggravated assault,
possession of a firearm during the commission of a felony and obstruction of a law enforcement officer.[13]
The prosecution sought the death penalty during sentencing proceedings for the murder conviction. Davis and
three of his family members testified on Davis's behalf. In a final address to the jury, Davis pleaded, "Spare my
life. Just give me a second chance. That's all I ask." He told jurors he was convicted for "offenses I didn't
commit." MacPhail's family members and friends were not allowed to testify.[37][38] On August 30, 1991, after
seven hours of deliberation, the jury recommended the death penalty and Davis was sentenced to death.[20]
First appellate proceedings
Since the death penalty was imposed, both the conviction and sentence were automatically appealed to the
Georgia Supreme Court.[39] Davis and his lawyers requested a new trial, citing problems with the trial site and
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selection of the jury.[40] The request was denied in March 1992.[41] In March 1993, the Georgia Supreme Court
also upheld Davis's conviction and sentence, ruling that the judge had correctly refused to change trial site and
that the racial composition of the jury did not deny his rights.[42][43] The U.S. Supreme Court declined to hear
an appeal in November 1993.[44] Direct appeals having been exhausted, in March 1994 an order was signed for
Davis's execution.[45]
First habeas corpus proceedings
In 1994, Davis began habeas corpus proceedings, filing a petition in state court alleging that he had been
wrongfully convicted and that his death sentence was a miscarriage of justice.[27] The following year, the
federal funding of the Georgia Resource Center, which helped represent Davis, was cut by 70%, leading to the
departures of most of the center's lawyers and investigators. According to a later affidavit by the Executive
Director, the "work conducted on Mr. Davis's case was akin to triage... There were numerous witnesses that we
knew should have been interviewed, but lacked the resources to do so."[46] The appeal stated that the testimony
of the prosecution witnesses had been coerced by law enforcement personnel. The petition was denied in
September 1997, with the court ruling that claims of improper law enforcement approaches should have been
raised earlier in the appeal process, and the court could not usurp the jury's role to evaluate the evidence offered
during the trial.[47] The Georgia Supreme Court affirmed the denial of state habeas corpus relief on November
13, 2000.[48]
In 2000 Davis challenged his conviction in state court. He alleged that the use of the electric chair during
executions in Georgia constituted cruel and unusual punishment.[49][50] By a 4–3 margin the Georgia Supreme
Court rejected the challenge, stating once again that Davis should have raised the issue earlier in the appeal
process.[51]
Federal appeals
In December 2001, Davis filed a habeas corpus petition in the United States District Court.[50] From 1996
onwards, seven of the nine principal prosecution eyewitnesses changed all or part of their trial testimony.[52][53]
Dorothy Ferrell, for example, stated in a 2000 affidavit that she felt under pressure from police to identify Davis
as the shooter because she was on parole for a shoplifting conviction.[53] In a 2002 affidavit, Darrell Collins
wrote that the police had scared him into falsely testifying by threatening to charge him as an accessory to the
crime, and alleged that he had not seen Davis do anything to Young.[54] Antoine Williams, Larry Young and
Monty Holmes also stated in affidavits that their earlier testimony implicating Davis had been coerced by
strong-arm police tactics.[27] In addition, three witnesses signed affidavits stating that Red Coles had confessed
to the murder to them.[29]
The State of Georgia argued that the evidence had been procedurally defaulted since it should have been
introduced earlier. Davis's petition was denied in May 2004; the judge stated in an opinion that the "submitted
affidavits are insufficient to raise doubts as to the constitutionality of the result at trial, there is no danger of a
miscarriage of justice in declining to consider the claim."[50] He also rejected other defense contentions about
unfair jury selection, ineffective defense counsel and prosecutorial misconduct. The decision was appealed to
the 11th Circuit Court, which heard oral arguments in the case in September 2005. On September 26, 2006, the
court affirmed the denial of federal habeas corpus relief, and determined that Davis had not made "a substantive
claim of actual innocence"[50] or shown that his trial was constitutionally unfair; the circuit court found that
neither prosecutors nor defense counsel had acted improperly or incompetently at trial.[55][56] A petition for
panel rehearing was denied in December 2006.[50]
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panel rehearing was denied in December 2006.
Legal experts argued that a major obstacle to granting Davis a new trial was the Antiterrorism and Effective
Death Penalty Act of 1996, passed after the Oklahoma City bombing, which bars death row inmates from later
presenting evidence they could have presented at trial.[3] Members of the legal community have criticized the
restricting effect of the 1996 Act on the ability of wrongfully convicted persons to prove their innocence.[46][54]
First execution date
On June 25, 2007, Davis's first certiorari petition to the U.S. Supreme Court was denied,[50][57] and his
execution was then set for July 17, 2007.[46]
Davis's case gained increasing public exposure and support from organizations and prominent individuals. Nobel
Peace Prize winner Archbishop Desmond Tutu urged the courts to agree to hear the evidence of police coercion
and recanted testimony.[58][59] An appeal to Governor of Georgia Sonny Perdue urging him to spare Davis's life
was sent on behalf of Pope Benedict XVI.[60] Similar appeals were sent by singer Harry Belafonte,[61] Sister
Helen Prejean, author of Dead Man Walking,[62] and actor Mike Farrell.[63] Amnesty International published a
report about Davis's case characterizing it as a miscarriage of justice and a "catastrophic flaw in the U.S. death
penalty machine."[64] The human rights group initiated a letter-writing campaign and delivered 4,000 letters to
the clemency board.[65] William S. Sessions, former FBI Director and federal judge, called on authorities to halt
the execution process, writing that "[i]t would be intolerable to execute a man without his claims of innocence
ever being considered by the courts or by the executive".[59] Politicians and others such as Jesse Jackson, Jr.
and Sheila Jackson Lee, and former Texas District Attorney Sam D. Millsap, Jr., and the organization Murder
Victims Families for Reconciliation requested that the courts grant Davis a new trial.[66] U.S. Congressman John
Lewis spoke to the Georgia State Board of Pardons and Paroles, suggesting that Coles – one of the witnesses
who had not recanted – was the real killer.[67] Representatives from the Council of Europe and European
Parliament also spoke out on Davis's case, asking U.S. authorities to halt the planned execution and calling for a
new trial.[68]
On July 16, 2007, the Georgia State Board of Pardons and Paroles granted a ninety-day stay of execution in
order to allow the evaluation of evidence presented, including the doubts about Davis's guilt.[69][70] The stay
was superseded by the August 2007 decision of the Georgia Supreme Court to grant Davis’ application for
discretionary appeal from the denial of his Extraordinary Motion for a New Trial.[71] Defense lawyers requested
a new trial based on statements of mistaken identity.[72] On March 17, 2008, the Georgia Supreme Court denied
the appeal by a 4–3 majority. The majority wrote that the recanting witnesses "have merely stated they now do
not feel able to identify the shooter", that the trial testimony could not be ignored, and that they "in fact,
favor[ed] that original testimony over the new."[73][74] In dissent, the Chief Justice wrote that "if recantation
testimony, either alone or supported by other evidence, shows convincingly that prior trial testimony was false,
it simply defies all logic and morality to hold that it must be disregarded categorically".[74]
Second execution date
In July 2008, Davis's lawyers filed a petition for a writ of certiorari in the U.S. Supreme Court, seeking review of
the Georgia Supreme Court decision and arguing that the Eighth Amendment creates a substantive right of the
innocent not to be executed.[75][76] However, an execution date was scheduled for September 23, 2008, before
the United States Supreme Court decided whether to take up Davis's case.[77] The Georgia Supreme Court
refused to grant a stay of execution and the Board of Pardons and Paroles denied clemency.[78][79]
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Amnesty International condemned the decision to deny clemency,[80]
and former President (and Georgia Governor) Jimmy Carter released a
public letter in which he stated "Executing Troy Davis without a real
examination of potentially exonerating evidence risks taking the life of
an innocent man and would be a grave miscarriage of justice."[81][82]
Reverend Al Sharpton also called for clemency after he met and prayed
with Davis on death row.[83] A stay of execution was also supported by
the NAACP; the president of the Georgia state conference said "This is a
Demonstration in support of Troy modern-day lynching if it's allowed to go forward."[79] Former
Davis, Paris, July 2008 Republican Congressman and Libertarian presidential candidate Bob
Barr wrote that he is "a strong believer in the death penalty as an
appropriate and just punishment," but that the proper level of fairness and accuracy required for the ultimate
punishment has not been met in Davis's case.[84]
A last minute emergency stay, issued by the Supreme Court less than two hours before Davis was scheduled to
be put to death, halted the execution.[85][86] Lawyers for Davis argued that lower courts had failed to permit a
hearing to carefully examine the recanted testimony and four witnesses who implicated Coles. Lawyers for the
Georgia attorney general's office argued that most of the affidavits had already been presented and reviewed,
and that questions about the quality and credibility of the witnesses were raised at the initial trial.[87]
On October 14, 2008, the Supreme Court declined to hear Davis's petition,[76][88] and a new execution date was
set for October 27, 2008.[89]
Third execution date
On October 21, 2008, Davis's lawyers requested an emergency stay of the pending execution, and three days
later the 11th Circuit Court of Appeals issued a stay of execution to consider a newly-filed federal habeas
petition.[90][91] Davis's supporters continued their appeals and actions; these included rallies held worldwide,[92]
a petition with 140,000 signatures presented to the state Board of Pardons and Paroles,[90] and an appeal from
the European Union calling for the death sentence to be commuted.[91] In contrast, the Chatham County
prosecutors asserted that Davis was guilty and deserved the death penalty.[90]
Oral arguments were heard by a three-judge panel on December 9 in
Atlanta. Davis's lawyers again argued that exculpatory affidavits proving
Davis innocent had not been examined in a court of law; they noted the
witnesses who had implicated Coles, and that his photo was not included
among those shown to witnesses in the case.[93][94] The Senior Assistant
Attorney General argued that, in extraordinary cases, evidence of
wrongful conviction could be heard at this stage of the appeals process,
but that in this case the recantation evidence was untrustworthy, and are
generally regarded with the "highest suspicion."[93] Multiple courts and Rapper M1 speaks at a rally held in
[93]
boards had also previously declined appeals. During the hearing, 2009 in New York City in support of
judge Joel F. Dubina commented: "As bad as it would be to execute an Troy Davis
innocent man, it's also possible the real guilty person who shot Officer
MacPhail is not being prosecuted."[93] Another judge, Stanley Marcus,
noted that two of the witnesses had not changed their recollections,[94] and that no DNA evidence was available
to categorically clear Davis.[93] After the hearing, Davis's sister, Martina Correia, an active campaigner for her
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g y g, , , p g
brother stated "This is not family against family. We have no ill will against the MacPhail family. When justice
is found for Troy, there will be justice for Officer MacPhail."[95]
On April 16, 2009, the panel denied Davis's application by a 2–1 majority. Judges Dubina and Marcus rejected
the petition, stating that Davis's claims having been reviewed and rejected in the past, and that the recantations
were not persuasive.[96][97] Judge Rosemary Barkett, in dissent, expressed her belief that as Davis might prove
his innocence, it would be wrong to execute him.[96] In an interview, Mark MacPhail Jr. said of his father, "He
gave his life for the community and now I'm trying to help out his name and help him in some way." Of the
appeals process, he says, "The past two years we've had countless appeals and it just keeps on getting drug out."
Of Davis, MacPhail said, "He decided to break the law. And our law says, you kill an officer of the law, who
tries to uphold it, you must be punished."[98] The 11th Circuit issued an order extending the stay of execution
for 30 days to allow Davis the opportunity to file a habeas corpus petition with the U.S. Supreme Court.[96]
Davis filed a petition for habeas corpus with the U.S. Supreme Court on May 19, 2009.[99]
On August 17, 2009, the Supreme Court ordered the Savannah federal district court to "receive testimony and
make findings of fact as to whether evidence that could not have been obtained at the time of trial clearly
establishes [Davis'] innocence."[100][101] Justice John Paul Stevens, joined by Justices Ruth Bader Ginsburg and
Stephen Breyer, wrote that "[t]he substantial risk of putting an innocent man to death clearly provides an
adequate justification for holding an evidentiary hearing." Justice Antonin Scalia dissented, stating that a new
hearing would be "a fool's errand" because Davis's claim of innocence was "a sure loser". He was joined by
Justice Clarence Thomas.[102]
Federal hearing
In response to the Supreme Court order, a two-day hearing was held in June 2010 in a federal district court in
Savannah in front of Judge William Moore.[102][103] Former prosecution witness Antoine Williams stated he did
not know who had shot MacPhail, and that because he was illiterate he could not read the police statements he
had signed in 1989.[104] Other prosecution witnesses Jeffrey Sapp and Kevin MacQueen testified that Davis had
not confessed to them as they had stated at the initial trial.[105] Darrell Collins also recanted his previous
evidence that he had seen Davis shoot Cooper and MacPhail.[104] The witnesses variously described their
previous testimony against Davis as being the result of feeling scared, of feeling frightened and pressured by
police or to get revenge in a conflict with Davis.[104][105] Anthony Hargrove testified that Redd Coles had
admitted the killing to him. The state's lawyers described Hargrove's testimony as hearsay evidence; Judge
William T. Moore permitted the evidence but stated that unless Coles appeared, he might give the evidence "no
weight whatsoever."[104][105] Another witness making a similar statement was heard, but a third was rejected by
Judge Moore as the claims were inadmissible hearsay because Coles was not called as a witness and given the
opportunity for rebuttal.[103][106] Moore criticized the decision not to call Coles, saying that he was "one of the
most critical witnesses to Davis's defense". One of Davis's lawyers stated that the day before they had been
unsuccessful in serving a subpoena on Coles; Moore responded that the attempt had been made too late, given
that the hearing date had been set months in advance.[103]
State attorneys called current and former police officers and the two lead prosecutors, who testified that the
investigation had been careful, and that no witnesses had been coerced or threatened.[103] The lead detective
testified that his investigation was "very meticulous and careful… I was in no rush just to pick the first guy we
got our hands on. I wanted the right guy."[105] He stated that witnesses gave "strikingly similar descriptions on
how the shooter was dressed", mostly describing the shooter as wearing a white T-shirt and dark pants, which
other witnesses said Davis was wearing that evening.[105] A state attorney asserted that the testimony of at least
[103]
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five prosecution witnesses remained unchallenged, and the evidence of Davis's guilt was overwhelming.[103] In
July 2010, Davis's lawyers filed a motion asking Moore to reconsider his decision to exclude testimony from a
witness to a confession by Coles,[106] but in August 2010, Moore stood by his initial decision, stating that in not
calling Coles, Davis's lawyers were seeking to implicate Coles without desiring his rebuttal.[107]
Moore ruled that executing an innocent person would violate the Eighth Amendment. "However, Mr. Davis is
not innocent."[101] In his decision, Moore wrote: "while Mr. Davis's new evidence casts some additional,
minimal doubt on his conviction, it is largely smoke and mirrors."[101][3] Of the seven papers described as
recantations by the defense, Moore found that only one was wholly credible and two were partly credible.
[101][108]
He did not consider Coles' alleged confessions because of the failure of Davis's lawyers to subpoena
Coles, and suggested that Davis should appeal directly to the Supreme Court.[108] In November 2010, the
federal appeals panel dismissed an appeal on the case, without ruling on its merits. They stated that Davis should
appeal the case directly to the U.S. Supreme Court "because he had exhausted his other avenues of relief."[109]
Rosemary Barkett, one of the panel judges, later released a statement saying that although she agreed with the
decision, she still believed that Davis should be given a new trial.[110]
Renewed U.S. Supreme Court petition
In January 2011, Davis's legal team filed a new petition with the United States
Supreme Court, alleging that the 11th Circuit panel had "evinced a clear
hostility" during his August 2010 appeal, and again asking for a new trial.[111]
The petition was rejected without comment by the Supreme Court in March
2011, allowing a new execution date.[112][113]
In May 2011, Amnesty International and People of Faith Against the Death
Penalty asked religious leaders to sign a petition to the Georgia Board of
Pardons and Paroles calling for the commutation of Davis's death sentence. By
September 17, 2011, over 660,000 people[114] had signed the petition for
clemency including Archbishop Desmond Tutu, Pope Benedict XVI, Archbishop
Wilton Gregory, William Sessions (former head of the Federal Bureau of
Investigation), President Jimmy Carter and representatives for the European
Parliament.[115]
A man protesting the
In contrast, law enforcement officials such as Spencer Lawton, the former September 21 execution date
Chatham County prosecutor who put Davis on trial, remained convinced of the at the September 17 Occupy
evidence for Davis's guilt and that Davis's supporters "would know differently if Wall Street rally
they looked at the record."[116] He stated: "We have consistently won the case
as it has been presented in court. We have consistently lost the case as it has been presented in the public realm,
on TV and elsewhere."[116] Members of MacPhail's family were also convinced of Davis's guilt, and thought his
execution would bring a measure of peace.[117][118] His mother reported "That hole in my heart will be there
until the day I die, but it [the execution] may give me some peace and quiet."[118] Mark MacPhail, Jr. stated
"It's not animosity or anger or rage that has kept us going; that's not what my father would want. It's justice. The
law is what he was all about. That's what we have to uphold."[119]
On September 7, 2011, Georgia set Davis's execution date for September 21, 2011.[120] The Georgia Board of
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