April 17, 2009

Troy Davis Loses Death Penalty Appeal

Drumbeats from Sojourner informed us that Troy Davis' appeal was rejected by the federal appeals court in Atlanta yesterday. In the 2 to 1 opinion, the court ruled that Troy was unable to establish by clear and convincing evidence that a new jury would not find him guilty.

Troy was convicted of killing off-duty Savannah Police Officer Mark Allen MacPhail. The 27-year-old former Army Ranger was shot three times before he could draw his weapon. Davis’ innocence claims have attracted international attention. They rely largely on the recantations of key prosecution witnesses who testified at trial and on statements by others who say another man told them he was the actual killer.

See local news video report

The lone dissenter, Judge Rosemary Barkett, wrote:

To execute Davis, in the face of a significant amount of proferred evidence that may establish his actual innocence, is unconscionable and unconstitutional.
Troy is left with a 30-day stay of execution so that he can appeal to the US Supreme Court. His chances are slim when you consider that the US Supreme Court declined to hear his appeal last October.

I watch a TNT television series called Saving Grace. One thing that it showed me was that even divine intervention cannot stop death penalty executions. Even so, I hope that Troy Davis has a last chance angel like Earl.

What say u?

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