Court Turns Down Appeal of Troy Davis

The Georgia Supreme Court has turned down an appeal for a new trial for Troy Davis, convicted of the 1989 murder of Savannah police officer Mark MacPhail. The court voted 4-3 to rule that the lower trial court did not abuse its power by rejecting a new trial or a hearing on new eyewitness evidence.

The ruling was a blow to Troy Davis and his supporters who believe the fact that seven of the original nine witnesses against him recanted their testimony would be sufficient to warrant a new trial. They claim his conviction was the result of mistaken identity.

But the court ruled that the testimony given at trial carried more weight in part because memories are fresher closer to the time of the trial. The murder took place in 1989 and the trial was conducted in 1991.

No Appeal Planned

Last June, the U.S. Supreme Court declined to hear Davis' case. He came within 24 hours of execution last July before the Georgia Board of Pardons and Paroles intervened.

Defense attorney Jason Ewart told reporters that the defense had no plans to appeal the decision to the U.S. Supreme Court again. He said they would apply to the pardon and parole board for clemency.

"What we are looking at is whether the death sentence would be commuted to life with parole or life without parole. It's a question of execution or not," said Ewart.

See Also:
Court Rejects Appeal by Death Row Man

Earlier Article:
Execution Set for Troy Anthony Davis

Forum:
Discuss The Davis Case

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^{Photo: Mug Shot}