Troy Davis Execution Delayed Again
August 18th, 2009Troy Davis, the condemned Georgia inmate who maintains that he is not the man who murdered a Savannah Police officer 20 years ago, will stay alive long enough to try and prove his innocence, the U.S. Supreme Court ruled Monday. Siding with Davis were Justices John Paul Stevens, Ruth Bader Ginsburg and Stephen Breyer. Sonia Sotomayor, who was sworn in earlier this month, did not vote on the inmate’s petition. Stevens ordered a federal judge to “receive testimony and make findings of fact as to whether evidence that could not have been obtained at trial clearly establishes petitioner’s innocence.” Davis, whose accusers have recanted their testimony against him in recent years, has found support among a diversity of high-profile figures, including the pope; former President Jimmy Carter; former South African Archbishop Desmond Tutu; actors Susan Sarandon and Harry Belafonte; and a host of current and former lawmakers from across the political spectrum. In recent years, Davis has seen his execution halted three times. In June, his supporters delivered petitions bearing about 60,000 signatures to Chatham County, Ga., District Attorney Larry Chisolm, demanding a new trial. Although there was no physical evidence tying the then 19-year-old Davis to the 1989 killing of Officer Mark MacPhail, he was convicted and condemned to death on the testimony of witnesses. Over the past 18 years, seven of the nine witnesses have withdrawn their claims. As expected Justices Antonin Scalia and Clarence Thomas, the high court’s only African-American, objected to the court’s decision Monday, calling it a “fool’s errand.” Wrote Scalia, “Petitioner’s claim is a sure loser. Transferring his petition to the [federal] District Court is a confusing exercise that can serve no purpose except to delay the state’s execution of its lawful criminal judgment.” Last October, the U.S. Supreme Court declined to intervene, and a federal appeals court in Georgia granted a temporary stay of execution.
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