February 11, 2009 2:11 PM
- Text
High Court Turns Down Ga. Death Row Inmate
(CBS/ AP)
The Supreme Court cleared the way for a Georgia man to be put to death for killing a police officer two weeks after it halted his execution to consider his appeal.
Troy Davis asked the high court to intervene in his case and order a new trial because seven of the nine witnesses against him have recanted their testimony. Former President Jimmy Carter and South Africa Archbishop Desmond Tutu are among prominent supporters who have called for a new trial.
The justices granted Davis a reprieve on Sept. 23, less than two hours before his scheduled execution. But they declined Tuesday to give his appeal a full-blown hearing. It was not immediately clear when his execution will be scheduled.
Davis' supporters, who erupted in joy when his execution was halted last month, said they were heartbroken when they received word of the decision.
"Oh, God. I think it's disgusting, terrible. I'm extremely disappointed," said Martina Correia, Davis' sister. "Well, we still have to fight. We can't stop."
Davis was convicted of the murder of 27-year-old officer Mark MacPhail, who was working off-duty as a security guard at a bus station. MacPhail's family said they were relieved.
"I was hoping that would be the decision," said MacPhail's mother, Anneliese MacPhail. "I'm hoping that soon we will have some peace, that this will all be over."
A divided Georgia Supreme Court has twice rejected Davis' request for a new trial, and had rejected his appeal to delay the execution on Monday afternoon. The Georgia Board of Pardons and Paroles also turned down his bid for clemency.
MacPhail had rushed to help a homeless man who had been pistol-whipped at a nearby parking lot, and was shot twice when he approached Davis and two other men.
Witnesses identified Davis as the shooter, and at the 1991 trial, prosecutors said he wore a "smirk on his face" as he fired the gun.
But Davis' lawyers say new evidence proves their client was a victim of mistaken identity. Besides those who have recanted their testimony, three others who did not testify have said Sylvester "Red" Coles - who testified against Davis at his trial - confessed to the killing.
Coles refused to talk about the case when contacted by The Associated Press during a 2007 court appearance and has no listed phone number.
Prosecutors have said the case is closed. They also say some of the witness affidavits simply repeat what a trial jury has already heard, while others are irrelevant because they come from witnesses who never testified.
In other news, East Brunswick High School football coach Marcus Borden is taking his team prayer lawsuit to the U.S. Supreme Court.
The coach has asked the court to review a ruling from the U.S. 3rd Circuit Court of Appeals in April.
The appeals panel reversed a 2006 ruling that permitted Borden to silently bow his head and "take a knee" with players as the team prayed.
The judges said the school board's policy barring school staff from joining in student-led prayer was constitutional.
However, the judges differed on what exactly a coach should do when his team prays.
"The Supreme Court needs to hear this case because it is a matter of national importance, not only for public school coaches but for public school teachers and administrators," Ronald J. Riccio, who represents Borden, told MyCentralJersey.com.
Riccio, a former dean of the Seton Hall University School of Law, said the appeals court ruling forces Borden to show hostility to religion.
From the time Borden became the coach in 1983, he was deeply involved in team prayers; for a time, he even led them.
In 2005, school officials received complaints that he was leading prayers and asked him to stop participating.
He sued the school board seeking to be allowed to bow his head and kneel when students led their own prayers. A lower-court judge found that should be allowed.
Troy Davis asked the high court to intervene in his case and order a new trial because seven of the nine witnesses against him have recanted their testimony. Former President Jimmy Carter and South Africa Archbishop Desmond Tutu are among prominent supporters who have called for a new trial.
The justices granted Davis a reprieve on Sept. 23, less than two hours before his scheduled execution. But they declined Tuesday to give his appeal a full-blown hearing. It was not immediately clear when his execution will be scheduled.
Davis' supporters, who erupted in joy when his execution was halted last month, said they were heartbroken when they received word of the decision.
"Oh, God. I think it's disgusting, terrible. I'm extremely disappointed," said Martina Correia, Davis' sister. "Well, we still have to fight. We can't stop."
Davis was convicted of the murder of 27-year-old officer Mark MacPhail, who was working off-duty as a security guard at a bus station. MacPhail's family said they were relieved.
"I was hoping that would be the decision," said MacPhail's mother, Anneliese MacPhail. "I'm hoping that soon we will have some peace, that this will all be over."
A divided Georgia Supreme Court has twice rejected Davis' request for a new trial, and had rejected his appeal to delay the execution on Monday afternoon. The Georgia Board of Pardons and Paroles also turned down his bid for clemency.
MacPhail had rushed to help a homeless man who had been pistol-whipped at a nearby parking lot, and was shot twice when he approached Davis and two other men.
Witnesses identified Davis as the shooter, and at the 1991 trial, prosecutors said he wore a "smirk on his face" as he fired the gun.
But Davis' lawyers say new evidence proves their client was a victim of mistaken identity. Besides those who have recanted their testimony, three others who did not testify have said Sylvester "Red" Coles - who testified against Davis at his trial - confessed to the killing.
Coles refused to talk about the case when contacted by The Associated Press during a 2007 court appearance and has no listed phone number.
Prosecutors have said the case is closed. They also say some of the witness affidavits simply repeat what a trial jury has already heard, while others are irrelevant because they come from witnesses who never testified.
In other news, East Brunswick High School football coach Marcus Borden is taking his team prayer lawsuit to the U.S. Supreme Court.
The coach has asked the court to review a ruling from the U.S. 3rd Circuit Court of Appeals in April.
The appeals panel reversed a 2006 ruling that permitted Borden to silently bow his head and "take a knee" with players as the team prayed.
The judges said the school board's policy barring school staff from joining in student-led prayer was constitutional.
However, the judges differed on what exactly a coach should do when his team prays.
"The Supreme Court needs to hear this case because it is a matter of national importance, not only for public school coaches but for public school teachers and administrators," Ronald J. Riccio, who represents Borden, told MyCentralJersey.com.
Riccio, a former dean of the Seton Hall University School of Law, said the appeals court ruling forces Borden to show hostility to religion.
From the time Borden became the coach in 1983, he was deeply involved in team prayers; for a time, he even led them.
In 2005, school officials received complaints that he was leading prayers and asked him to stop participating.
He sued the school board seeking to be allowed to bow his head and kneel when students led their own prayers. A lower-court judge found that should be allowed.
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