Skip to main content

Death warrant signed for Troy Anthony Davis

Troy Davis
A Chatham County judge on Tuesday signed a death warrant for Troy Anthony Davis, who was convicted of killing a Savannah police officer in 1989.

The warrant sets the execution between Sept. 21 and Sept. 28. The state Department of Corrections will set the actual date. Davis has been on death row for 19 years.

Davis' appeals are exhausted. He is expected to once again ask the Georgia Board of Pardons and Paroles to grant him clemency. The board has previously denied that request.

Davis, 41, was convicted of killing off-duty police Officer Mark Allen MacPhail 21 years ago as MacPhail ran to the aid of a homeless man being pistol-whipped outside a Burger King.

The case has attracted international attention because a number of key prosecution witnesses either recanted or backed off their trial testimony. Other witnesses have come forward and said another man at the scene told them he was the actual killer.

In August, a federal judge emphatically rejected Davis' claims that he was wrongly convicted. In a 172-page order, U.S. District Judge William T. Moore Jr. said Davis failed to prove his innocence during an extraordinary hearing in June ordered by the U.S. Supreme Court.

MacPhail, 27 and a father of two, was gunned down before he could draw his weapon. After the killing, Sylvester "Redd" Coles went to the police with his lawyer and told them he and Davis were at the scene. At trial, he testified he was fleeing the scene when shots were fired, leaving Davis as the culprit. Coles denied being the triggerman.

At the June hearing, Davis' lawyers wanted to call witnesses who had given sworn statements that Coles had told them after the trial he was the actual killer. But Moore did not allow these witnesses to testify because Davis' lawyers did not subpoena Coles to testify. If they had, the judge said, he could have tested the validity of Coles' alleged confessions.

If Coles had in fact confessed to these witnesses, Moore suggested there could be an explanation --"he believed that his reputation as a dangerous individual would be enhanced if he took credit for murdering Officer MacPhail." Davis failed to prove the alleged confessions were truthful, Moore noted.

Of the seven witnesses Davis' legal team say recanted their trial testimony, "only one is a meaningful, credible recantation." The value of this recantation -- given by a jailhouse snitch who testified Davis told him he killed MacPhail -- is diminished because it was already clear the witness testified falsely at trial, the judge said.

Moore answered one question posed to him by the U.S. Supreme Court. He found that executing an innocent person would violate the Eighth Amendment's ban against cruel and unusual punishment.

"However, Mr. Davis is not innocent," the U.S. district judge wrote in August.

Chatham County Superior Court Judge Penny Freesemann signed the death warrant Tuesday.

Source: The Atlanta Journal-Constitution, September 6, 2011


Watch all episodes in the "A Life in the Balance: Examining the Troy Davis Case" four-part series from Amnesty International:




AMNESTY INTERNATIONAL URGES GEORGIA BOARD OF PARDONS AND PAROLES TO COMMUTE TROY DAVIS DEATH SENTENCE

( Atlanta ) – Amnesty International USA (AIUSA) today urged the Georgia Board of Pardons and Paroles to grant clemency to death-row inmate Troy Anthony Davis, whose execution date will be scheduled between September 21st and September 28th. Georgia usually tries to carry out executions on the earliest date of a warrant. The human rights organization maintains that proceeding with the execution would be unconscionable, especially as doubts about Davis’ guilt have never been erased.

“The Board stayed Davis’ execution in 2007, stating that capital punishment was not an option when doubts about guilt remained,” said Larry Cox, executive director for AIUSA. “Since then 2 more execution dates have come and gone, and there is still little clarity, much less proof, that Davis committed any crime. Amnesty International respectfully asks the Board to commute Davis’ sentence to life and prevent Georgia from making a catastrophic mistake.”

Since the launch of its February 2007 report, Where Is the Justice for Me? The Case of Troy Davis, Facing Execution in Georgia, Amnesty International has campaigned intensively for clemency for Davis. On April 12th Amnesty International issued an “Urgent Action” to its membership on his behalf. More than 300,000 signatures have been gathered for Davis since the Georgia Board of Pardons and Paroles last considered clemency. Following Davis’ evidentiary hearing last summer, former Congressman Bob Barr and former FBI director William Sessions renewed their support for the inmate, and Nobel laureates President Jimmy Carter, Archbishop Desmond Tutu and Jose Ramos Horta have recently appealed to the board for clemency.

“It is because of cases like Troy Davis’ that support for the death penalty has dropped significantly in this country,” said Laura Moye, director of AIUSA’s Death Penalty Abolition Campaign. “The possibility of human error is far too high, and the chances of executing the innocent are far too real.”

Since 2007 New Mexico, New Jersey and Illinois have abolished the death penalty. When signing the abolitionist bills into law the three state governors all pointed to the risk of irrevocable error as a reason to support abolition. In the 20-plus years that Davis has been on death row, more than 90 prisoners have been released from death rows across the country on grounds of innocence. Each had been found guilty beyond a reasonable doubt at trial.

Amnesty International is a Nobel Peace Prize-winning grassroots activist organization with more than 3 million supporters, activists and volunteers in more than 150 countries campaigning for human rights worldwide. The organization investigates and exposes abuses, educates and mobilizes the public and works to protect people wherever justice, freedom and dignity are denied.

For more information please visit www.amnestyusa.org/troydavis.

Source: Amnesty International USA, September 7, 2011



NAACP: Troy Davis to be Executed on September 21st

The state of Georgia has set Troy Davis's execution date for midnight on September 21st, just two weeks from today.

This is our justice system at its very worst, and we are alive to witness it. There is just too much doubt.

Even though seven out of nine witnesses have recanted their statements, a judge labeled his own ruling as "not ironclad" and the original prosecutor has voiced reservations about Davis's guilt, the state of Georgia is set to execute Troy anyway.

Time is running out, and this is truly Troy's last chance for life.

But through the frustration and the tears, there is one thing to remain focused on: We are now Troy Davis's only hope. And I know we won't let him down.

There are three steps you can take to help Troy:

1. Send a message of support to Troy as he fights for justice on what may be the final days of his life:

http://action.naacp.org/LettersOfSupport

2. Sign the name wall, if you haven't already. And if you have, send it to your friends and family. Each name means a more united front for justice:

http://action.naacp.org/Name-Wall

3. Make sure everyone knows about this injustice. Spread the word on Facebook and Twitter (using the hashtag #TooMuchDoubt) so that Troy Davis's story can be heard. We still have a chance to save his life, but only if people are willing to speak out against injustice.

Today, the state of Georgia has declared their intention to execute a man even though the majority of the people who put him on the row now say he is innocent and many implicate one of the other witnesses as the actual killer. Now that a date has been set, we cannot relent. We must redouble our efforts.

Thank you. Please act quickly and forward this message to all who believe the justice system defeats itself when it allows a man to be executed amid so much doubt.

Benjamin Todd Jealous
President and CEO
NAACP

Related articles:
Apr 13, 2011
Georgia death row inmate Troy Davis is facing the possibility of his fourth execution date in four years after the US Supreme Court dismissed his appeal on 28 March. Doubts persist about his guilt in the crime for which he was sentenced ...
Mar 31, 2011
Anti-death penalty activists criticized the U.S. Supreme Court's decision to reject without comment death row inmate Troy Davis' appeals seeking to delay his execution while he attempts to prove he was wrongfully convicted of ...
Mar 28, 2011
The US Supreme Court Monday rejected an appeal to death row inmate Troy Davis who is seeking a new trial after 7 of the 9 witnesses against him recanted their murder trial testimony. The Supreme Court rejected a request ...
Jan 25, 2011
Attorneys for Troy Anthony Davis are asking the US Supreme Court to overrule a federal judge who decided last year the Georgia death row inmate failed to clear his name after getting a rare chance to prove his innocence. ...

Comments

Most viewed (Last 7 days)

Afghanistan | Two Sons Of Executed Man Also Face Death Penalty, Says Taliban

The Taliban governor’s spokesperson in Khost said on Tuesday that two sons of a man executed earlier that day have also been sentenced to death. Their executions, he said, have been postponed because the heir of the victims is not currently in Afghanistan. Mostaghfer Gurbaz, spokesperson for the Taliban governor in Khost, also released details of the charges against the man executed on Tuesday, identified as Mangal. He said Mangal was accused of killing members of a family.

Afghanistan's Taliban rulers carry out public execution in sports stadium

The man had been convicted of killing 13 members of a family, including children, and was executed by one of their relatives, according to police. Afghanistan's Taliban authorities carried out the public execution of a man on Tuesday convicted of killing 13 members of a family, including several children, earlier this year. Tens of thousands of people attended the execution at a sports stadium in the eastern city of Khost, which the Supreme Court said was the eleventh since the Taliban seized power in 2021 in the wake of the chaotic withdrawal of US and NATO forces.

Burkina Faso to bring back death penalty

Burkina Faso's military rulers will bring back the death penalty, which was abolished in 2018, the country's Council of Ministers announced on Thursday. "This draft penal code reinstates the death penalty for a number of offences, including high treason, acts of terrorism, acts of espionage, among others," stated the information service of the Burkinabe government. Burkina Faso last carried out an execution in 1988.

Singapore executes three drug mules over two days

Singapore hanged three people for drug offences last week, bringing the total number of executions to 17 this year - the highest since 2003. These come a week before a constitutional challenge against the death penalty for drug offences is due to be heard. Singapore has some of the world's harshest anti-drug laws, which it says are a necessary deterrent to drug crime, a major issue elsewhere in South East Asia. Anyone convicted of trafficking - which includes selling, giving, transporting or administering - more than 15g of diamorphine, 30g of cocaine, 250g of methamphetamine and 500g of cannabis in Singapore will be handed the death sentence.

Florida | After nearly 50 years on death row, Tommy Zeigler seeks final chance at freedom

The Winter Garden Police chief was at a party on Christmas Eve 1975 when he received a phone call from his friend Tommy Zeigler, the owner of a furniture store on Dillard Street. “I’ve been shot, please hurry,” Zeigler told the chief as he struggled for breath. When police arrived at the store, Zeigler, 30, managed to unlock the door and then collapsed “with a gaping bullet hole through his lower abdomen,” court records show. In the store, detectives found a gruesome, bloody crime scene and several guns. Four other people — Zeigler’s wife, his in-laws and a laborer — lay dead.

Oklahoma board recommends clemency for inmate set to be executed next week

A voting board in Oklahoma decided Wednesday to recommend clemency for Tremane Wood, a death row inmate who is scheduled to receive a lethal injection next week at the state penitentiary in McAlester.  Wood, 46, faces execution for his conviction in the 2001 murder of Ronnie Wipf, a migrant farmworker, at an Oklahoma City hotel on New Year's Eve, court records show. The recommendation was decided in a 3-2 vote by the Oklahoma Pardon and Parole Board, consisting of five members appointed by either the governor or the state's top judicial official, according to CBS News affiliate KWTV. Oklahoma Gov. Kevin Sitt will consider the recommendation as he weighs whether to grant or deny Wood's clemency request, which would mean sparing him from execution and reducing his sentence to life in prison without the possibility of parole.

Louisiana death row inmate freed after nearly 30 years as overturned conviction upends case

A Louisiana man who spent nearly 30 years on death row walked out of prison Wednesday after a judge overturned his conviction and granted him bail. Jimmie Duncan, now in his 60s, was sentenced to death in 1998 for the alleged rape and drowning of his girlfriend’s 23-month-old daughter, Haley Oliveaux — a case long clouded by disputed forensic testimony. His release comes months after a state judge ruled that the evidence prosecutors used to secure the conviction was unreliable and rooted in discredited bite-mark analysis.

Iran carries out public hanging of "double-rapist"

Iran on Tuesday publicly executed a man after convicting him of raping two women in the northern province of Semnan. The execution was carried out in the town of Bastam after the Supreme Court upheld the verdict, the judiciary's official outlet Mizan Online reported. Mizan cited the head of the provincial judiciary, Mohammad Akbari, as saying the ruling had been 'confirmed and enforced after precise review by the Supreme Court'. The provincial authority said the man had 'deceived two women and committed rape by force and coercion', adding that he used 'intimidation and threats' to instil fear of reputational harm in the victims.

Vietnam | Woman sentenced to death for poisoning 4 family members with cyanide

A woman in Dong Nai Province in southern Vietnam was sentenced to death on Thursday for killing family members including two young children in a series of cyanide poisonings that shocked her community. The Dong Nai People's Court found 39-year-old Nguyen Thi Hong Bich guilty of murder and of illegally possessing and using toxic chemicals. Judges described her actions as "cold-blooded, inhumane and calculated," saying Bich exploited the trust of her victims and "destroyed every ethical bond within her family."

Utah | Ralph Menzies dies on death row less than 3 months after his execution was called off

Judge was set to consider arguments in December about Menzies’ mental fitness  Ralph Menzies, who spent more than 3 decades on Utah’s death row for the 1986 murder of Maurine Hunsaker, has died.  Menzies, 67, died of “presumed natural causes at a local hospital” Wednesday afternoon, according to the Utah Department of Corrections.  Matt Hunsaker, Maurine Hunsaker’s son, said Menzies’ death “was a complete surprise.”  “First off, I’d say that I’m numb. And second off, I would say, grateful,” Hunsaker told Utah News Dispatch. “I’m grateful that my family does not have to endure this for the holidays.”