90-day reprieve for Troy Davis

(Atlanta) -- Amnesty International USA (AIUSA) applauded today's decision by the Georgia State Board of Pardons and Paroles to grant a 90-day stay of execution to Troy Anthony Davis, who has spent 15 years on death row for a murder that he denies committing.

Davis, 38, was convicted despite the lack of a murder weapon or physical evidence linking him to the crime."Let today begin a new day for truth and justice in Georgia," said Larry Cox, executive director of AIUSA. "We call upon the Georgia Parole Board to recognize that in the United States, one is innocent until proven guilty -- and in the absence of such proof, there is no acceptable choice but to grant clemency.

The Board must recognize the flawed logic of executing a man who may be innocent."Troy Anthony Davis, who is African American, was convicted in 1991 of murdering Mark MacPhail, a white police officer. The prosecution based its case on the testimony of purported "witnesses," many of whom allege police coercion. Seven of the nine non-police witnesses for the prosecution have recanted or contradicted their testimony in sworn affidavits, and nine people assert that one of the two who hasn't recanted is actually responsible for the murder.Despite this, Davis' habeas corpus petition was denied by the state court on a technicality -- evidence of police coercion was "procedurally defaulted," that is, not raised earlier, so the court did not take it.

The Georgia Supreme Court and 11th Circuit Federal Court of Appeals deferred to the state court and rejected Davis' claims, and earlier this month the U.S. Supreme Court refused to hear his case. "We are deeply saddened that the MacPhail family has suffered such pain and hope that today's decision will lead to a fair and earnest search for justice," said Sue Gunawardena-Vaughn, director of AIUSA's Program to Abolish the Death Penalty. "Now that the Board has issued a stay of execution, it is time for authorities to reopen their investigation and seek the truth. Only in that way can society honor the memory of Mark MacPhail."

Amnesty International has long-standing concerns about Troy Davis's case. In February of this year, the organization released a 35-page report, "Where is the Justice for Me? The case of Troy Davis, facing execution in Georgia." In recent weeks the organization has mobilized its worldwide membership and collected thousands of letters calling for clemency for Mr. Davis.

Source : Amnesty International

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