Skip to main content

Save Troy Anthony Davis: Georgia is set to execute a man who may well be innocent

The State of Georgia has been trying to execute Troy Anthony Davis for more than 15 years, despite compelling evidence that he did not commit the murder for which he is sentenced to die.

Davis has been to death's door 3 times - most recently, he was 90 minutes from execution - rescued each time by heroic lawyering. But his luck may be running out.

A 30-day stay of execution expires this weekend, prompting Amnesty International and other human rights groups to declare Tuesday a global day of action - a time for those who hate injustice to raise our voices and save this man's life.

You can get details of protests, poetry readings, letter-writing campaigns and information about the case at www.aiusa.org/troy or by texting "Troy" to 90999.

In August 1989, Davis and a running buddy named Sylvester (Red) Coles spent a riotous, hell-raising night in Savannah. Eyewitnesses say Coles shot at 2 of his neighbors at a house party with a chrome .38 pistol, hitting and wounding one.

Davis wasn't at that party. But he and Coles met later and wound up in the parking lot of a Burger King next to Savannah's Greyhound bus station, where one of them harassed and pistol-whipped a homeless man.

When the man yelled for help, a cop named Mark McPhail - who was moonlighting as a security guard at the bus station - came running, and was shot to death at point-blank range.

The murder weapon was never recovered, but ballistics showed it was a .38-caliber handgun.

Coles, the owner of a .38, wasn't charged. Instead, 9 eyewitnesses testified at trial that Davis was the shooter.

But 7 of the 9 have since recanted their testimony, with several signing sworn statements that they were coerced by cops.

One recanting witness, Dorothy Ferrell, said in a sworn statement that "I was scared that if I didn't do what the police wanted me to do, then they would try to lock me up again. I was on parole at the time."

And here's witness Darrell Collins: "I was only 16 ... After a couple of hours of the detectives yelling at me and threatening me, I finally broke down ... They would tell me things that they said had happened and I would repeat whatever they said."

And so it went with 7 of the 9 witnesses.

Of the remaining 2, one initially told police under oath that he didn't know who shot McPhail - then reversed himself on the witness stand 2 years later, certain that Davis was the culprit.

The only other eyewitness is Coles, who went to the police the day after the shooting, accompanied by a lawyer and claimed Davis was the killer.

Coles never mentioned that he'd been carrying a .38-caliber pistol that night.

"[The police] bought Mr. Coles' story hook, line and sinker," Davis' attorneys argued in court. "And they went out into this community, and they rounded up witnesses everywhere they could find them, and they paraded them in here."

Three new witnesses now claim they heard Coles later take credit for the murder. But none of the new witnesses or sworn recantations have ever been heard in any court - and probably never will be.

The U.S. Supreme Court turned down the case last fall, and last month a federal appeals court voted, 2 to 1, to deny Davis a hearing to present new evidence.

The judges who rejected Davis cited a failure to plead his innocence early enough to satisfy the deadlines set out in the federal Anti-Terrorism and Effective Death Penalty Act of 1996 - a law that cuts short the number and time of appeals. So Davis gets no chance to plead his case.

In effect, he is facing the death penalty for filing his papers late.

The only remaining hope is a pardon from Georgia Gov. Sonny Perdue - an act of mercy we should all demand on Tuesday, or however long it takes to rescue Davis from an unjust death.

Source: Opinion, New York Daily News, May 18, 2009

Comments

Most viewed (Last 7 days)

South Carolina | Inmate who believes he’s died repeatedly can’t be executed, judge rules

SPARTANBURG — A 59-year-old man sentenced to death for killing a state trooper in Greenville County in 2000 can’t be executed because of a mental illness that’s left him incoherent and believing he’s immortal, a Circuit Court judge has ruled. John Richard Wood is the first condemned inmate in South Carolina found not competent to be executed since the state restarted capital punishment in September 2024. The seven executions since then include three men who chose to die by firing squad — the latest in November. Wood, convicted 24 years ago, was among death row inmates in line to receive a death warrant after exhausting their regular appeals.

Idaho eyes restart of death row executions as firing squad draws near

BOISE, Idaho — Idaho’s prison system has nearly completed execution chamber upgrades to carry out the death penalty by firing squad as the state’s lead method and will have a team of riflemen ready to go by the time a state law takes effect this summer. As part of the transition, the Idaho Department of Correction hopes to limit participation by its officers as the shooting of condemned people in prison to death is prioritized over lethal injection. Toward that effort, prisoner leadership sought to implement a push-button technology to avoid needing IDOC workers to pull the triggers.

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...

China | Man sentenced to death for murder executed in Yunnan

Tian Yongming, who was initially sentenced for a series of violent crimes and then had his sentence changed to death early this year, has been executed in Yunnan province following approval from China's top court. The execution was carried out by the Intermediate People's Court in Yuxi, Yunnan, on Tuesday, with local prosecutors supervising the process. Before the execution, Tian was allowed to meet with his family members. The case dates back to September 1996, when Tian was sentenced to nine years in prison for the rape and attempted murder of his sister-in-law. After his release on July 15, 2002, he plotted revenge against the woman. On the night of Nov 13, 2002, he broke into her home armed with a knife.

South Dakota | Latest appeal from state's lone death row inmate denied

SIOUX FALLS, S.D. (KELO) — The U.S. Court of Appeals for the 8th Circuit has rejected the latest appeal from Briley Piper, the only person on death row in South Dakota. In March 2000, Briley Piper, along with co-defendants Elijah Page and Darrell Hoadley, conspired to burglarize the Lawrence County home of 19-year-old Chester Poage before abducting and murdering him by beating, stabbing, and stoning in a remote area.  Piper was subsequently arrested, convicted of murder, and sentenced to death, while his accomplices received either a death sentence—carried out against Page in 2007—or a sentence of life imprisonment without parole. 

Iran to execute first woman linked to mass protests after ‘forced confessions’

Bita Hemmati and three others have been sentenced to death for 'collusion' and 'propaganda.' Advocates claim the charges are baseless, citing a secretive process and state-televised interrogations. Iranian authorities are preparing to execute Bita Hemmati, the first woman sentenced to death in connection with the mass protests in Tehran in late December and January, according to the US-based non-profit the Human Rights Activists News Agency. Judge Iman Afshari, of Branch 26 of the Tehran Revolutionary Court, sentenced Hemmati, her husband, Mohammadreza Majidi Asl, and Behrouz Zamaninezhad, and Kourosh Zamaninezhad to death on the charge of “operational action for the hostile government of the United States and hostile groups,” in addition to discretionary imprisonment period of five years on the charge of “assembly and collusion against national security.”  

Texas | James Broadnax's appeals: US Supreme Court denies 2 claims, confession pending

Despite an 11th-hour confession from another man, James Broadnax is slated to be executed by the state of Texas later this week.  Broadnax, 37, is scheduled to be put to death by lethal injection April 30 in Huntsville. He was condemned by a Dallas County jury in 2009 for the deaths of Stephen Swan, 26, and Matthew Butler, 28, outside their Garland music studio. Broadnax and his cousin, Demarius Cummings, had set out to rob the men, but left with only $2 and a 1995 Ford, according to previous reporting from The Dallas Morning News. 

Florida executes Chadwick Scott Willacy

STARKE, Fla. -- A Florida man who set his neighbor on fire after she returned from work to find him burglarizing her home was executed Tuesday evening. Chadwick Scott Willacy, 58, received a three-drug injection and was pronounced dead at 6:15 p.m. at Florida State Prison near Starke for the 1990 killing of Marlys Sather. It was Florida's fifth execution this year. The curtain to the execution chamber went up promptly at the scheduled 6 p.m. time, and the lethal injection got underway two minutes later, after Willacy made a brief statement.

Arizona | Man who murdered pastor crucifixion style requests plea deal after parents killed in plane crash

Adam Sheafe, the California man who admitted to killing a New River, Arizona, pastor in a crucifixion-style attack, has asked prosecutors to offer him a plea deal that would result in a natural life sentence rather than the death penalty he had previously sought. Advisory council attorneys representing Sheafe sent a formal plea offer to prosecutors this week, about two weeks after his father and stepmother died in a plane crash at Marana Airport on April 8, according to 12 News. Sheafe, 51, is charged with first-degree murder in the death of William Schonemann, 76, pastor of New River Bible Church, who was found dead inside his home last April.

Florida executes James Ernest Hitchcock

STARKE, Fla. (AP) — A Florida man convicted of beating and choking his brother’s 13-year-old stepdaughter to death nearly 50 years ago was executed Thursday evening. James Ernest Hitchcock, 70, was pronounced dead at 6:12 p.m. following a lethal injection at Florida State Prison near Starke. He was convicted of the July 1976 killing of Cynthia Driggers. The curtain to the death chamber opened promptly at the 6 p.m. execution time. Hitchcock’s entire body was covered in a sheet up to his head. He stared at the ceiling as the team warden made a call, then gave his final statement.