State urges judge to deny Troy Davis claim

Troy Davis

Lawyers for convicted murderer Troy Anthony Davis made "a strategic decision" not to call two witnesses at last month's federal court hearing and should not be allowed to use their choice to re-open the evidence, attorneys for the state argued Wednesday.

Davis' attorneys have worked for 15 years to gather evidence to prove his innocence and had plenty of time during two days of testimony before U.S. District Judge William T. Moore Jr. to present their case, the state contends in its 13-page filing.

"They chose only to call 'the most important witnesses,'" attorneys with the Georgia Attorney General's office argued. "(Davis) still seeks to claim that he has not been afforded his day in court."

Davis remains on Georgia's death row at the Georgia Diagnostic and Classification Center at Jackson on his murder conviction and death sentence in the Aug. 19, 1989, slaying of off-duty Savannah police officer Mark Allen MacPhail.

The officer was gunned down as he rushed to assist a homeless man under attack in the parking lot of the Greyhound Bus terminal/Burger King restaurant on Fahm Street.

A Chatham County Superior Court jury convicted Davis on Aug. 28, 1991.

Moore held hearings June 23 and 24 to allow Davis' appellate team to present evidence to "clearly" establish his innocence.

Those lawyers asked Moore July 22 to reconsider his decision to reject hearsay testimony that another man, Sylvester "Redd" Coles, killed the officer.

They failed to call Coles last month, telling Moore there was no reason to do so since he was "not going to admit to this killing."

Moore told Davis' lawyers he was not going to "abandon the rules of evidence," warning that hearsay evidence is looked at with suspicion and he might not consider it his final determination.

Defense lawyers want affidavit testimony by Dorothy Ferrell to be considered even though they did not call her and she was in the courthouse, the state argues.

"Counsel, not Ms. Ferrell, chose not to have her testify," they argued in Wednesday's filing.

Nor did Davis' team place on the record her alleged "reluctance" to testify, the state said.

They also want Moore to reconsider his rejection of Quiana Glover's testimony.

And the state argued an affidavit from investigator Jeffrey Walsh that he was unable to subpoena Coles at his job was presented "for the first time, a month after the hearing," the state contends.

They said Davis' team only sought to find Coles after Moore "questioned whether Mr. Coles would be testifying" on the first day of the hearing.

Davis "has had his day in court, his evidence has been heard," the state argued, adding it did not meet the required burden.

Moore has taken the case under study and given no indication on when he might rule.

Source: SavannahNow.com, July 29, 2010

Comments

US | Army lays groundwork for death row executions if Trump gives approval

The Army is preparing to carry out the executions of the military's four death-row inmates if ordered to do so by the president, according to an internal planning document reviewed by ABC News. If carried out, it would mark the first time the military executed convicted American inmates in more than a half-century The plan, dubbed "Operation Resolute Justice" and issued internally in February, directs Army officials to coordinate with the Federal Bureau of Prisons to transfer condemned prisoners from the U.S. Disciplinary Barracks at Fort Leavenworth, Kansas, to the federal execution facility in Terre Haute, Indiana, where the Justice Department carried out a series of non-military federal executions during President Donald Trump's first term.

Texas | Tanner Horner now incarcerated at the Polunsky Unit

Convicted child killer Tanner Horner has now taken up residence in one of the most brutal death row prisons after being sentenced to die by a Texas jury last month. Horner is incarcerated at the Polunsky Unit, an infamously restrictive prison outside Houston where the state's death row inmates are housed in an all-solitary confinement wing and spend at least 22 hours a day in their 60-square-foot cells. The former FedEx deliveryman, 34, was booked at the notorious prison on May 5 within hours of being sentenced for the gruesome murder of Athena Strand, 7, whom he admitted strangling while delivering a Christmas gift to her home in November 2022.

Alabama | Judge bars nitrogen gas execution, says method is unconstitutionally cruel

MONTGOMERY, Ala. -- A federal judge on Tuesday permanently blocked Alabama from executing an inmate with nitrogen gas after declaring it violates the ban on cruel and unusual punishment. U.S. District Judge Emily Marks issued the ruling hours after an appeals court reversed her initial finding that the method was constitutional. Marks permanently enjoined the state from executing Jeffrey Lee, 49, by nitrogen gas. He was scheduled to be executed Thursday. The decision, for now, blocks the use of the controversial new execution method that the state has championed since 2024, but the issue will likely end up before the U.S. Supreme Court.

Alabama Plans to Execute Jeffrey Lee Despite Jury Vote for Life

Alabama Gov. Kay Ivey has scheduled the execution of Jeffrey Lee by nitrogen suffocation for June 11, 2026, even though his capital jury voted 7-5 against the death penalty and chose a sentence of life imprisonment without parole. The trial judge overrode the jury’s verdict and sentenced Mr. Lee to death in 2000, relying on a unique Alabama practice that allowed judges to overrule jury verdicts in death penalty cases. Alabama is the only state where judges overrode jury verdicts of life to impose the death penalty routinely—in more than 100 cases since 1976. As a result, nearly 20% of the people currently on Alabama’s death row were sentenced to death by elected judges even after their juries chose life imprisonment without parole.

20 Minutes to Death: Witness to the Last Execution in France

The following document is a firsthand account of the final moments of Hamida Djandoubi, a convicted murderer executed by guillotine at Marseille’s Baumettes Prison on September 10, 1977. The record—dated September 9—was written by Monique Mabelly, a judge appointed by the state to witness the proceedings. Djandoubi’s execution would ultimately be the last carried out in France before capital punishment was abolished in 1981. At the time, President Valéry Giscard d'Estaing—who had publicly voiced his "deep aversion to the death penalty" prior to his election—rejected Djandoubi’s appeal for clemency. Choosing to let "justice take its course," the President allowed the execution to proceed, just as he had in two previous cases during his term: Christian Ranucci , executed on July 28, 1976 and Jérôme Carrein , executed on June 23, 1977. Hamida Djandoubi , a Tunisian national, was sentenced to death for killing his former lover, Elisabeth Bousquet. He was execu...

Texas | Death Row Inmate Gets Resentenced to Life

Harris County district judge recommends compassionate release for Clarence Jordan A 1977 convenience store robbery that resulted in a clerk’s death landed Clarence Jordan on Texas Death Row, where he remained for decades even though he was declared incompetent for execution. On Monday, a judge recommended that the disabled man be released. Harris County District Court Judge Katherine Thomas resentenced Jordan to life with the possibility of parole and suggested that he be considered for the Texas Department of Criminal Justice’s Medically Recommended Intensive Supervision program, also known as compassionate release.

New Mississippi billboard warns criminals: ‘Firing squad is legal’

DESOTO COUNTY, Miss. (WREG) — A billboard standing on Interstate 55 southbound as you cross the Tennessee state line and enter Mississippi from Memphis is sending a grim message to those coming into the state. DeSoto County District Attorney Matthew Barton recently announced the new billboard campaign, which features the sign reading, “WELCOME TO MISSISSIPPI. WHERE THE FIRING SQUAD IS LEGAL. THINK TWICE.” It references Mississippi’s law permitting execution by firing squad under certain circumstances for inmates sentenced to death. Barton says this campaign is aimed at deterring violent crime and sends a direct message to criminals entering Mississippi.

Oklahoma | Richard Glossip on Life After Decades on Death Row

In an exclusive interview at home in Oklahoma City, Glossip describes his first days of freedom in a world he hasn’t experienced for nearly 30 years. For three decades, Richard Glossip lived on concrete. First at the Oklahoma County jail, after his arrest for murder in 1997, and then in the underground bunker housing death row inmates at the Oklahoma State Penitentiary. As with the rest of his surroundings, he eventually got used to the hard, unforgiving floors, although recently he’d developed painful swelling in his legs.

Florida executes Andrew Richard Lukehart

Jacksonville man who killed his girlfriend’s 5-month-old baby in 1996 executed 30 years later A Jacksonville man who confessed to killing his girlfriend’s 5-month-old daughter and throwing her body in a pond 3 decades ago was executed on Tuesday evening. Andrew Richard Lukehart, 53, was scheduled to receive a 3-drug injection starting at 6 p.m. at Florida State Prison near Starke. He was sentenced to death after being convicted of aggravated child abuse and felony murder in the death of Gabrielle Hanshaw. The baby’s mother told News4JAX she plans to attend the execution.

Alabama | Judicial Decision About Nitrogen Hypoxia Renders the Constitutional Prohibition of Cruel Punishment Meaningless

On June 11, the state of Alabama plans to execute Jeffrey Lee with nitrogen hypoxia . He will be the ninth person put to death by this method since its first use in 2024. Lee contends that nitrogen hypoxia will cause him great suffering. On May 28, Federal District Judge Emily Marks agreed with him but said his execution could proceed nonetheless. Hers is a remarkable and shockingly candid decision. It made history, coming after the first trial in the country on the constitutionality of nitrogen hypoxia. To her credit, Judge Marks offered an unusually detailed picture of the pain imposed by capital punishment.

Death Penalty News

Search This Blog