Supreme Court Says Troy Davis Should Get Hearing
Published: August 17, 2009
Updated: August 18, 2009
3:23 p.m. From Mark MacPhail, Jr.
“I talked to my mother (who lives in Texas) and we’re all shocked. We weren’t even expecting a decision until September or late October. And the Supreme Court has done in our favor in the past. This gets under you skin because while the other side talks about witness recantations, we know it was not just witness testimony that put Mr. Davis behind bars. There was also physical evidence - the bullet pulled from my father matched the shooting that Mr. Davis was charged with In Cumberland and those bullets matched each other, so it’s not true when they say it’s physical evidence.
The most accurate testimony you can give and most lawyers and officers will say it is in court. They can say what they want 20 years later, but we believe that the trial verdict was the right one. This hurts but you get used to it after awhile, you know it’s just been going on for 20 years. My family wants the community to know the truth, that it was not just witness testimony and that there was physical evidence. There was no police coercion, I’ve talked to the officers personally and they handled the witnesses with kid gloves. Officers dotted their i’s and crossed their t’s.
It’s up to the justice system right now. I still have faith in the justice system, that the trial verdict will be upheld.
In two days, it will be the 20th anniversary of my father’s death, for this decision to come down now, well it’s been a very tough day for my mom.“
2:15 p.m. Reaction from From Martina Correria, Troy Davis’s sister:
“I’m really happy and relieved about the decision. And I believe that it lets people know that the Highest court in the land has problems with this case. I am just thrilled that Troy would have this opportunity. But I want people to understand that we’re doing this because of fairness and truth and that’s all we’ve ever wanted was an opportunity to be able to express this and to have a new hearing based on what witnesses have told us.
“We’ve always said but what if someone really takes the time to look at this. And says okay, there’s something wrong here and that’s what we’ve always wanted is just someone with to look at this with fresh eyes and say there’s something wrong here.
This has been a roller coaster ride not just for our family but I understand for the MacPhail family and it’s not 35:01 family against family it never has been it’s just always been about we need to find the truth in what’s happening in this case.“
The Supreme Court says condemned inmate Troy Davis should get another chance to prove his innocence before the state of Georgia executes him.
The high court on Monday ordered a federal judge in Georgia to determine whether there is evidence that proves Davis did not kill Savannah police officer Mark MacPhail in 1989.
In his dissent, Justice Scalia noted that this is an “extraordinary step—one not taken in nearly 50 years,“ referring to the court’s order to a district court “to adjudicate a state prisoner’s petition for an original writ of habeas corpus.“ According to SCOTUSBLOG.com, the action is also unusual because the court normally does not take action during its summer recess.
Justice John Paul Stevens said that the risk of putting an innocent man to death “provides adequate justification” for an evidentiary hearing. The Court’s order transfers the writ of habeas corpus to the US District Court for the Southern District of Georgia for “hearing and determination.“ The means the District Court “should receive testimony and make findings of fact as to whether evidence that could not have been obtained at the time of trial clearly establishes [Davis’] innocence.“
The ruling effectively postpones Davis’ execution indefinitely.
Davis of Savannah, Ga., was convicted to death for that murder in 1991, but supporters have argued for a new trial after several witnesses took back their testimony. Davis’ supporters include former President Jimmy Carter and Pope Benedict XVI.
Three justices are listed on the majority opinion and the court order (Justices Stevens, Ginsburg, Breyer). Justices Thomas and Scalia dissented. Justice Sotomayor did not participate in the decision.
Defense lawyers had appealed to the Supreme Court after a federal court denied a new trial request in April.
WEB EXTRAS
From SCOTUSblog.com:
- The Court’s order and Justice Stevens’ separate opinion can be downloaded here. Justice Scalia’s dissent is available here.
- The original writ, petition for certiorari, brief in opposition, and amici filings can be downloaded here.
The Associated Press contributed to this report.
Reader Reactions
Right on Kitty Kat I agree with you this Troy Davis has been convicted of Murder his appeals has been denied for a new trail if the gentlemen wasn’t guilty then he wouldn’t of been found guiltyI am sure the police had other evidence to convict him other than eyewitness’s. We are so sick of listening to his family plead for his life and innocence every night on the news that is all you hear when you do stupid things you have to pay the consequences for your actions.The witness’s that have recanted after all these years has been paid off to recant I do believe that when you have Rev.‘s as Jackson anything is possible. The witness’s that have recanted should be put in prison for lying either then or now then look at the other angle Mr. MCPhail is white Mr. Davis is Black. Where is all the publicity for the mother wife children of Mark McPhail??? You don’t see them in the news every day in fact they are hardly mentioned at all in the news yes I have seen the son aqnd mother once in a while. We the tax payers are sick of listening to this everyday. I can say that with this the court is sending out a bad message letting murders know that you can murder someone and never pay the price for doing that. I have never understood Murder is Murder in my book but in some cases they get life and out in 10 or 15 years when you take a life you should be put to death and it should not take 15 to 20 years to do that I know they have rights to appeals but I also know that the people they kill has rights to who is going to make sure there rights are up held it sur isn’t going to be the justice system. Just like the police officer that shot the smasham what did he get bascially nothing that was crap because you were a police officer you have the right to shoot someone in the back.The officer got a slap on his hand with his sentence.
each and every person who has changed their story should be charged with purgery. The events of that night are not as clear now as the night they occurred. I am sick of hearing about this piece of garbage. He should have been put to death a year ago. Instead we have to listen to the family cry about how unfair this is. Where is the MacPhail family supporters. I tell you where they are quietly supporting the family and waiting for all of this to come to an end. He had his trial he was convicted by a jury of his peers and that should stand. The MacPhail family has had no justice and the way this is going they never will. Where was the HUGE PUBLIC OUTCRY BY THE FAMILY RIGHT AFTER CONVICTION?? This makes me sick I am tired of hearing about poor poor Troy Anthony Davis. I don’t feel for him at all. I feel for the MacPhail family who had member ripped from them by crime, for a child who had to grow up knowing that he would never get to spend time with his father. Its the MacPhail family that needs compassion and support not Davis.
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