Georgia Man Gets Stay Of Execution

Convicted Cop Killer Wins 90-Day Reprieve A Day Before Execution; Some Witnesses Recant Testimony

(AP)  A man convicted of killing a police officer won a reprieve a day before his scheduled execution, after his lawyers argued that several witnesses had recanted or changed their testimony.

The state Board of Pardons and Paroles on Monday granted a 90-day stay of execution to Troy Davis, 38, who was convicted of killing a Savannah police officer in 1989.

He had faced a Tuesday execution date before the board's decision, which came after less than an hour of deliberation. The stay means the execution will be on hold while the board weighs the evidence presented as part of Davis' request for clemency.

Earlier Monday, Rep. John Lewis, an Atlanta Democrat and civil rights figure, left the hearing without speaking to reporters. However, he issued a copy of his prepared comments to the board.

"I do not know Troy Anthony Davis. I do not know if he is guilty of the charges of which he has been convicted. But I do know that nobody should be put to death based on the evidence we now have in this case," Lewis told the board. "At a time when we are trying to convince the whole world that our way is best, it does not speak well of us."

Davis' lawyers argue that they have been hindered over the years at getting courts to consider new evidence because of restraints in the law. In particular, they have complained about the Anti-terrorism and Effective Death Penalty Act, a 1996 law that limited circumstances under which federal judges may grant habeas corpus petitions in state cases. Congress passed the law to limit the seemingly endless legal wrangling that often precedes executions.

The defense says seven of nine witnesses who testified at trial that they saw Davis shoot the officer, saw him assault the homeless man before the shooting or heard Davis later confess to the slaying have since recanted or contradicted their testimony.

Three other people who did not testify have also said in affidavits that another man, Sylvester Coles, later confessed to killing MacPhail, according to the defense. After the shooting, Coles had identified Davis as the killer.

The Associated Press has been unable to locate Coles for comment, and one of Davis' attorneys, Jason Ewart, has declined to say if he knows Coles' whereabouts.

Prosecutors argue that most of the witness affidavits, signed between 1996 and 2003, were included in Davis' previous appeals and should not be considered as new evidence. They say Davis received a fair trial and has had plenty of appeals, all of which have failed.

Parole board spokeswoman Scheree Lipscomb said Monday that several witnesses to the killing were at the hearing, though they were not on the list of planned speakers.

The board could decide to commute Davis' death sentence to life in prison or grant a stay of execution while it considers the issues, or it could let the execution proceed.

Another appeal was expected to be filed before the state Supreme Court on Monday following a Chatham County judge's refusal last week to halt Davis' execution.

In a telephone interview from prison last week, Davis told The Associated Press that it's a case of mistaken identity.

"All I have to lean on is prayer that God will step in and correct this wrong that was done," he said.

According to the Department of Corrections, Davis was spending his last full day before the execution visiting with family, friends and clergy. A department spokesman said in an e-mail to the AP that Davis seemed to be in good spirits.

Davis' execution is scheduled for 7 p.m. Tuesday at the state prison in Jackson.

[gaye5]

pepperwood2 you said, Why can't we have this type of criminal sign a statement that they apologize and will never do this again.

you have to be joking don't you.. so you feel that if someone does a rotten crime that they should just be loved out of it... That is wonderful in fairy land, and many of those who have been let out of jail have gone out and committed more crimes..and many have been given love and then killed those who gave them that love..
Israel has also pardoned many terrorists who have later come back and killed them...

[gaye5]

The article says...They say Davis received a fair trial and has had plenty of appeals, all of which have failed.

seven of nine witnesses who testified at the trial, later recanted or contradicted their testimony, so if all these had of had this opinion at his original trial he would never have been convicted and they say that they have had fair trials, yea like.
Seven people is a large number?? then Three other people who did not testify have also said in affidavits that another man, Sylvester Coles, later confessed to the killing.

What is going on over there in America.. this is not a good example of justice..especially in a country which yells to the world JUSTICE is the only way..
I would love to know what the other witnesses to the killing who were not on the list of planned speakers had to say, and if it was dark, how could anyone tell who did it, the man has dark skin for goodness sake.
Let's just execute this possibly innocent man so as we don't have to really hunt for the man who did it, yep now the real killer can now kill again.hmmm yes sure sounds like justice eh America...

[sjw1253]

whatithink - I see... The Bible says Jesus said it and so it is... Through all of the translations - it must be so... (I am not antireligion but I am against believing things just because it is written in a book that people from history have had translated to suit their beliefs...)

I am very happy that Mr. Davis has had a reprieve - as - I do think that if the death penalty has the potential to kill one inocent person - it should not be...

I do not think that they should execute this man no matter what comes from the investigation - as it is clear that those who prosecute will stand by their conviction - even if there is clear evidence staring them in the face telling them that they are wrong...

They cannot own up to making a mistake and that is very scary.

[weareone2]

What kind of person is going to be attracted to police work, where you can order people around, and if you shoot someone, you are protected, no matter the circumstances?
Some people are attracted to police work to protect their communities, or other healthy reasons.

But it is inevitable that some people will be attracted for evil reasons.

I remember the days when many of the members of the Klu Klux Klan included policemen and judges.

[tbweb]

I was watching the news the other day and they were reporting how short all the nations Police Departments were, some 300 or more Officers, with low pay and violent crime on the rise, no one wants to be a Police Office. Because of the shortage many Police Departments have lowered their standards, I saw this one Police Recruit 62 years old, he passed the required physical so they hired him and showed this old guy on patrol, 62 years old, wow. Police Departments are hurting and maybe one way to attract better candidates to the job is to protect them with a law that if someone kills them, they too will die. Its easy to suggest just raise the pay but most municipalities can't afford too without cutting Officers. I really don't think anybody should die, it was just an idea, any better ones?

[pepperwood2]

bweb...People convicted of serious crimes, like murder, can be sentenced to life in prison without the possibility of parole.

The system has the tools to function without the death penalty.

Why can't we have this type of criminal sign a statement that they apologize and will never do this again. Don't laugh!

When BILL CLINTON was President he & Attorney General JANET RENO pardoned all the Cuban Criminals of serious crimes against the US by signing the pledge & swearing of not ever doing these dastardly deeds again.

It worked then and would probably work now if we just show a little brothely love to our own convicted criminals.

As a Liberal I think that Bush has got this all wrong. I'm with you bweb! What say ye!

I'd like to buy the world a Coke.

[whatithink-2009]

I have a lot of respect for victim's families who seek life in prison but not the death penalty. They are searching for justice, not revenge. They are giving more to the victim's killer than the killer gave the victim. That takes a lot of guts.

The only way I think you can get peace with these type of issues is when you learn to forgive...not forget...but to get through the anger. If I forgive you, I do it for myself, not for you. If I keep vengeance in my heart, I am hurting myself.

[whatithink-2009]

Weareone2,

Good question.

[weareone2]

Some of the relatives of the murdered man have said they want Davis executed so they can have "peace".
Does a person who wants a possibly innocent man executed, and maybe let the real killer get away free, deserve to feel peace?

[whatithink-2009]

Tbweb,

I grew up in a place where the cops were dirtier than most of the criminals. Why should cops get special treatment? If you start with cops, why not the military of firemen?? That is just plain ridiculous. There are plenty rogue police officers out there and they could easily kill one of their own and set up somebody to take the fall. There are plenty good police officers out there, but just making a blanket rule like you want to could back fire. There are police officers out there who are the worst of the worst. They are devils with the authority to kill.

[tbweb]

tbweb...People convicted of serious crimes, like murder, can be sentenced to life in prison without the possibility of parole.

The system has the tools to function without the death penalty.

Posted by flreason at 08:54 AM : Jul 17, 2007,,,

I agree with you, I support life in Prison without Parole with the exception of Cop Killers, anyone who kills a Law Enforcement Officer should be put to Death with no exceptions! This way criminals will think long and hard before killing Police Officers. It has to be that way when it comes to crime fighters. The message has to be sent that if you kill a cop you're done, your life is over, that's it and it should not matter if the Officer is from a tiny town or a big city.

[whatithink-2009]

Crystalblue3,

If we had spent more time turning everything into Iraq before we invaded, we probably would not have invaded. I think we brought the topic of Iraq into the context of this story...if you look at what was said. It wasn't anything just random about Iraq. But, there are some parallels between the two. Murder is wrong unless it is sanctioned by the state or federal government.

[whatithink-2009]

sjw1253,

Well, for the criminal, because Jesus said so:

Luke 23:42 He said to Jesus, %u201CLord, remember me when you come into your Kingdom.%u201D 43 Jesus said to him, %u201CAssuredly I tell you, today you will be with me in Paradise.%u201D


For the ones that executed him...because they did not believe.

[crystalblue3]

Believe me, I don't forget about how many innocent people have died in Iraq...or in any country during ANY war.

All I'm saying is that it gets old when every single story turns into an Iraqi war arguement. No one is trying to take away your democracy...give me a break.

[sjw1253]

One of the earliest posts - (whatithink at 07:02 PM : Jul 16, 2007)

"Funny that one of the criminals besides Jesus ended up in heaven, while the people who legally killed Jesus did not."

I am curious... how does one really know who went to heaven?

[asor1-2009]

crystalblue3, I thought the topic was 'death'. How can we not think of those we've killed in another country. For one single minute, do NOT permit yourself to forget, please.

[asor1-2009]

crystalblue3, I thought the topic was 'death'. How can we not think of those we've killed in another country. For one single minute, do NOT permit yourself to forget, please.

[whatithink-2009]

Crystalblue3,

Because this is a DEMOCRACY and if we are trying to send a DEMOCRACY to Iraq, we should not be trying to take it away here.

If you don't like talking about Iraq. Don't.

But, we have a right to talk about Iraq here if we want to.

[crystalblue3]

WHY does EVERY SINGLE story have to turn into a pro/con argument about the war in Iraq??

Why can't you people stay on topic? There are plenty of articles/stories here on CBS where you can voice your opinions about that subject.

[whatithink-2009]

Blackbug99,

Our system is FAR FROM perfect. To compare it to an even worse system is the wrong measure. We should be comparing ourselves to an ideal. Only through striving to be better, does one ever get better.