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Charles Montaldo

Troy Davis Files Another Appeal

By March 3, 2011

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After years of attempts, Georgia death row inmate Troy Davis finally got his chance to present evidence before a court to prove that he was innocent of killing Savannah policeman Mark MacPhail in 1989. But the judge ruled that Davis' new evidence was mostly "smoke and mirrors" and rejected his claim of innocence.

So what happens now for the convicted cop killer? Another round of appeals, of course.

In August 2010, U.S. District Court Judge William T. Moore Jr. ruled that the new evidence Davis presented was not convincing enough to overturn his conviction. Attorneys for Davis appealed the ruling to the 11 Circuit Court of Appeals.

Still Claiming Innocence

The appeals claimed Judge Moore displayed a "clear hostility" toward Davis during the two-day hearing and that the Judge should have allowed other witnesses to testify.

The defense is still trying to argue innocence in its appeals. "The evidence, new and old, establishes that Mr. Davis is innocent by any reasonable standard," Davis' attorneys wrote.

The appeals court refused to hear the appeal, ruling that Davis must appeal directly to the U.S. Supreme Court because that court ordered the unusual hearing on his claim of innocence.

Appealed to the Supreme Court

Davis's defense team has now appealed to the Supreme Court, asking the court to return the case to the appeals court. They also challenged Moore's opinion in the appeal to the Supreme Court.

If the Supreme Court refuses to hear Davis' appeal, the state of Georgia can then reschedule an execution date.

Officer MacPhail was working as an off-duty bus station security guard on Aug. 19, 1989 when he went to the aid of a homeless man being pistol-whipped in a Burger King parking lot next door. At the trial, nine witnesses said Davis beat the homeless man and then shot MacPhail in the face and chest when he came to help.

See Also:
Troy Davis Files New Appeal With U.S. Supreme Court

Background:
The Appeals of Troy Davis

Forum:
Discuss The Troy Davis Case

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Comments

March 3, 2011 at 10:56 am
(1) onair4683 says:

Thanks for including the fact that 7 of the 9 witnesses recanted their testimony – aggressive police officers and interrogation methods causing them to testify in the first place. And the 8th witness was actually a suspect, Sylvester “Redd” Coles – the one who was beating the homeless man and possibly the actual one who killed Mr. MacPhail (and may have bragged about it at a party later!) I just love articles that give all sides to a story.

March 13, 2011 at 1:54 am
(2) Don says:

I heard about this crime since I have lived in Ga all my life. I don’t know if this guy is innocent or guilty, but there are definately some questions that need to be answered before executing him that’s for sure. Once the man is executed there’s no un-doing it. So what if he sits on death row for 40 years and then we find out for sure he is guilty, that’s a lot better than him sitting there for 20 years getting executed only to find out later he is innocent.

March 3, 2011 at 4:10 pm
(3) ruth says:

One of the two remaining “witnesses” is also the other implicated man. No physical evidence was ever found implicating Troy Davis. While it is obviously terrible that a policeman was killed so terribly it would be even worse if an innocent man died for it.

March 3, 2011 at 4:14 pm
(4) Ruth says:

Innocence matters http://troyanthonydavis.org/

March 4, 2011 at 5:56 pm
(5) topcat says:

I love Hilter.And i look foward to to see this man get his Nuts cut Becase if he did not do this crime i bet he did rape the girl and shoot her little dog along with the fact he did steal a pack of gum when he was 6 years old

March 5, 2011 at 2:13 pm
(6) Savannah Cop Kid says:

Looking forward to the day this monster gets justice. It has been too long and the family of Officer Macphail deserves resolution.

The man has had more appeals than most and has lost them all. Time to die.

March 18, 2011 at 7:20 pm
(7) Hilter says:

Screw you Don

March 26, 2011 at 12:52 pm
(8) DethKlocKilla says:

The only good cop is a dead one. This guy should be let go for doing a public service.

March 28, 2011 at 6:27 am
(9) elainep says:

Troy Davis should be freed. Many witnesses have recanted their previous statements. I thought America was a compassionate Country. If their is any doubt then he should be freed. I am not Black but have always felt that if you were you could previously been convicted just for that reason.
If there is any reasonable doubt I thought this was told to juries they should not convict.
How can people hate so much they want someone dead. I recall the Klu klux clan let us get away from this.
Free Troy Daivs.

April 5, 2011 at 6:58 pm
(10) TOMCAT says:

Ruth
Woul you say that if this guy had kidnaped you.Raped you 10 or 15 times a day for two weeks.& made you sleep with a broom handle up your ass

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