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Charles Montaldo

Troy Davis Gets Another Execution Reprieve

By , About.com GuideOctober 26, 2008

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A federal appeals court has given Georgia death row inmate Troy Davis another stay of his scheduled execution while his attorneys scramble to continue the appeal process. Davis, convicted of the murder of off-duty policeman Mark MacPhail in 1989, was scheduled to be executed today.

The reprieve was the third time since July 2007 that Davis avoided a scheduled execution.

After the U.S. Supreme Court refused to hear his case, Davis' execution was once again scheduled by Georgia officials. With options running out, last week his attorneys appealed once again to the federal appeals courts, claiming that Davis' execution was "constitutionally intolerable" and asked the court to pursue claims that Davis is innocent.

Suggestions of Manipulation?

A three-judge panel of the 11th U.S. Circuit Court of Appeals stayed the execution of Davis, but said his attorneys had 15 days to prove that they can meet "stringent requirements" to continue his appeal process.

Davis has garnered a lot of support for his case because seven of the nine witnesses against him have recanted their testimony, but prosecutors say the recantations do not ring true.

"It invites suggestions of manipulation, making it very difficult to believe," said Savannah District Attorney Spencer Lawton, who does not believe the new testimony meets the legal standards for a new trial.

In a brief filed Wednesday, they claimed the execution was "constitutionally intolerable" and asked the court to delay the execution to pursue claims Davis is innocent.

See Also:
Execution Delayed for Convict in '89 Ga. Killing
Background:
The Appeals of Troy Davis

Forum:
Discuss The Troy Davis Case

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