Skip to main content

Supreme Court issues stay of execution for Davis



Tuesday, September 23, 2008

The U.S. Supreme Court today issued a stay of execution for Troy Anthony Davis less than two hours before he was to be put to death by lethal injection.

Davis, 39, sits on death row for the Aug. 19, 1989, killing of Savannah Police Officer Mark Allen MacPhail. He was scheduled to be executed at 7 p.m.

Davis’ family and supporters, who for years have pressed for a new trial on claims Davis is innocent, broke into tears and song when they learned the high court had at least temporarily postponed the execution.

Just a few hours earlier, the mother and sister had given Davis what they thought could be their final good-byes at the Georgia Diagnostic and Classification Prison in Jackson.

Davis, 39, sits on death row for the Aug. 19, 1989, killing of Savannah Police Officer Mark Allen MacPhail. He was scheduled to be executed at 7 p.m.

Annelie Reaves, MacPhail’s sister, said the victim’s family was furious but would wait for the execution to be rescheduled.

“It should have happened today,” she said, “but justice will be served.”

At least two members of MacPhail’s family were to witness the execution, and they will return when the execution is rescheduled, Reaves said.

In response to Davis’ hope that the real killer will be found, the officer’s family and friends all laughed. “He knows who the killer is,” Reaves said of Davis.

It was the second time that Davis, whose claims of innocence have attracted international attention, was granted a stay hours before he was to be put to death. In July 2007, the state Board of Pardons and Paroles postponed his execution less than 24 hours before it was to occur.

This time, the stay came from the nation’s highest court.

The U.S. Supreme Court’s justices are scheduled to meet Monday to decide whether to hear Davis’ appeal of a ruling issued by the Georgia Supreme Court in March. In that 4-3 decision, the state Supreme Court rejected Davis’ bid for a new trial or a court hearing to present new evidence.

In its order, the U.S. Supreme Court said if the justices decline to hear Davis’ case, “this stay shall terminate automatically.” If the court agrees to hear the case, the stay will remain in force until the high court issues its ultimate ruling, the order said.

The high court did not say when it would announce its decision whether to hear or deny Davis’ appeal.

Davis disclosed the news of his stay in a phone call to his sister and civil rights activist Rev. Al Sharpton.

“I truly feel blessed and I know we still have work to do,” Davis said, according to Sharpton. “With God, all things are possible.”

According to Sharpton, Davis said he had already recorded his last statement, as is customary for death-row inmates before they are to be executed. Davis said he had also prayed for the family of MacPhail, a 27-year-old father of two who was gunned down at a Savannah Burger King parking lot.

Because the U.S. Supreme Court is expected to announce whether it will hear the appeal in the next week or so, Davis may not be spared for long, Sharpton said.

“One week may not seem like a long time, but when you have only two hours to live it’s a lifetime,” he added.

Lester Davis, Troy Davis’ brother, said, “I’ve got to stay focused because it’s not over yet. Hopefully, this gives them enough time to understand the injustice of this case.”

Since his 1991 trial, seven of nine key prosecution witnesses who testified against Davis have recanted their testimony.

In March, a deeply divided state Supreme Court turned down Davis’ appeal, saying the recantations of seven witnesses who testified against him were not enough to win him a new trial or court hearing.

“We simply cannot disregard the jury’s verdict,” Justice Harold Melton wrote. The majority, he added, could not ignore the trial testimony, “and, in fact, we favor that original testimony over the new.”

Chief Justice Leah Ward Sears issued a strong dissent.

“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,” she wrote.

The new testimony, if found credible, could lead a new jury to find reasonable doubt of Davis’ guilt or enough residual doubt to impose a sentence other than death, she wrote.

Source: Atlanta Journal-Constitution

Comments

Most viewed (Last 7 days)

Florida Set to Execute Man Who Said He Killed to Reach Death Row, Challenging Misconception that Death Penalty Deters Crime

Florida is scheduled to execute James Robertson at noon on Tuesday, October 13, at Florida State Prison. His execution remains scheduled despite the withdrawal of William Lee Thompson’s death warrant, which had called for a 2nd execution that evening. If completed, this will be Florida’s 17th execution of 2026. Floridians for Alternatives to the Death Penalty (FADP) and partners will be holding a series of vigils and demonstrations across the state. 

Florida executes James Robertson

STARKE, Fla. — A Florida prisoner who said he killed his cellmate specifically to get on death row was executed Tuesday, nearly 18 years after the attack. James Robertson, 63, declined to offer any last words before receiving a three-drug injection and was pronounced dead about 10 minutes later. It was a stark contrast to the failed execution of Christa Pike in Tennessee two weeks ago, where she was rushed to the hospital after surviving two lethal doses of pentobarbital.

Saudi Arabia executes two Bangladeshis over 'immoral act' inside mosque

Saudi Arabia has carried out the death penalty on two Bangladeshi nationals in Mecca. The country's Interior Ministry announced this in a statement on Wednesday. According to the report, they were sentenced over allegations of involvement in immoral acts inside a mosque in Mecca. The information was reported by Ajel News, citing the Saudi Interior Ministry's statement. The two Bangladeshis executed were a man and a woman, Nazrul Islam Abdul Basir and Sithi Akhter. The “immoral acts” referred to illicit heterosexual intercourse, not homosexual activity.

Christa Pike: 4 Major Questions As She Returns to Death Row

As Christa Pike returns to death row after surviving Tennessee’s attempt to execute her, several questions remain about her case and what comes next.  Pike, 50, was discharged from hospital and moved back to the Debra K. Johnson Rehabilitation Center, the women’s prison where she was housed for 30 years, her attorneys said on Saturday.  She was hospitalized after surviving 2 doses of the lethal drug pentobarbital as Tennessee attempted to execute her on September 30. Pike was sentenced to death for the 1995 murder of 19-year-old Colleen Slemmer, her classmate at a Job Corps training program in Knoxville, Tennessee. Pike was 18 at the time. 

Christa Pike's Survival Wasn't a Miracle. That's What Should Scare Us.

What happened in Tennessee's execution chamber is one of the most common failures in medicine Christa Pike is awake. A week after Tennessee strapped her to a gurney and gave her two doses of pentobarbital , she is off the ventilator and speaking from a hospital bed, still shackled to it. Her lawyers call her recovery " medically unprecedented. " Legal scholars say she is the first person in American history to survive a lethal injection after the drug was actually given. I understand the impulse to make such claims. I consulted for Pike's legal team, but I have also spent three decades in operating rooms and intensive care units (ICUs), and I want to resist the word "unprecedented" and the word "miracle" that hovers just behind it.

Buffalo Tops shooter files last-minute bid to avoid death penalty

Payton Gendron, who is already serving life without parole for killing 10 Black people in a racist mass shooting at a Buffalo supermarket in 2022, is asking a federal judge to throw out the case that could send him to death row. Defense attorneys filed the motion Monday — a day before jury selection was scheduled to begin — seeking to dismiss Gendron’s federal indictment. They argued that Black residents are underrepresented in the jury pool for New York’s Western District, according to WIVB and WKBW.

USA | Firing squad execution to be livestreamed, Pentagon says

The public will be able to watch the execution of a former US Army major by firing squad, US Defence Secretary Pete Hegseth has said. A Defense Department official told the BBC the execution of Nidal Hasan, who shot dead 13 unarmed US soldiers at Fort Hood in 2009, would be livestreamed. It is believed it would be the first public execution in the US in almost a century. The decision to livestream it is "unprecedented in the modern era" and "on uncertain legal terrain", said John Mills, a lawyer who works with inmates sentenced to death.

What Tennessee wants to do next to Christa Pike is beyond grim

Christa Pike, the woman who survived two execution attempts in Tennessee earlier this week, remains hospitalized in critical condition, where presumably medical staff is at work trying to keep her alive.  If she wakes from the coma she had entered, Tennessee officials want to start anew to inject lethal drugs into her seemingly too-small veins to kill her and carry out the state death warrant. Pike also is being treated for “significant injuries to both arms” sustained when two lethal injections of pentobarbital failed to kill her. If she dies, there will be no need to try again.  As we know by now, Tennessee tried to put Pike to death Wednesday night by lethal injection for a murder she committed when she was 18. She would have been the first woman executed in the state in 200 years. 

Tennessee | Christa Pike’s lawyer says she has not regained consciousness since her failed execution

Christa Pike has remained unconscious and on a ventilator at a hospital in the four days since her failed execution in Tennessee, and her prognosis might not be known for days more, one of her lawyers said Sunday. Little has been released about Pike’s condition since Wednesday night’s execution attempt. She has since remained hospitalized under guard as doctors try to get the massive dose of the barbiturate pentobarbital out of her system. When asked whether she ever regained consciousness after the execution attempt, Assistant Federal Defender Stephen Ferrell, Pike’s lawyer, said on CNN’s “State of the Union”: “Not that I am aware of.”

Tennessee | Republicans legislature to investigate other execution methods after failed lethal injections

Republican leaders in Tennessee’s legislature say they will investigate the reliability of lethal injection as an execution method after the state failed to execute two death row inmates in the span of five months. Gov. Bill Lee stopped the May execution of Tony Carruthers after a physician unsuccessfully attempted to insert intravenous lines to begin the lethal injection process for over an hour. Death row inmate Christa Pike survived two failed rounds of Tennessee’s lethal injection protocol on Sept. 30 before the execution was halted. Pike, who was sentenced to death for the 1995 murder of Colleen Slemmer, is receiving medical care in a Nashville hospital.