Troy Anthony Davis (October 9, 1968 – September 21, 2011)[1][2] was a man convicted of and executed for the August 19, 1989 murder of police officer Mark MacPhail in Savannah, Georgia.
MacPhail was working as a security guard at a Burger King restaurant and was intervening to defend a man being assaulted in a nearby parking lot when he was murdered.
Congressman from Georgia and presidential candidate Bob Barr, and former FBI Director and judge William S. Sessions called upon the courts to grant Davis a new trial or evidentiary hearing.
[8] The charges against Troy Davis arose from the shooting of Michael Cooper, the beating of Larry Young and the murder of Officer Mark MacPhail on August 18–19, 1989.
As he left the party with his friend Daryl Collins, the occupants of a passing car yelled obscenities and began shooting at a gathering of neighborhood teenagers.
At about 1:15 am on August 19, 1989, Mark MacPhail, an off-duty police officer who was working as a security guard at the Burger King, attempted to intervene in the pistol-whipping of Young at the parking lot.
[20] Davis's nickname at the time was "Rah," or "Rough as Heck," but some neighbors reported that it did not reflect his behavior; they described him as a "straight-up fellow" who acted as a big brother to local children.
[21] In July 1988, Davis pleaded guilty to carrying a concealed weapon; he was fined $250 as part of a plea agreement in which a charge of possession of a gun with altered serial numbers was dropped.
His boss commented that while Davis was a likeable and good worker who appeared to have positive life goals, his job attendance was poor; by Christmas 1988, he had stopped coming to work.
[24] Hundreds of mourners, including county, state, and federal law enforcement officers, attended MacPhail's funeral at Trinity Lutheran Church in Savannah on August 22, 1989.
[25] On November 15, 1989, a grand jury indicted Davis for murder, assaulting Larry Young with a pistol, shooting Michael Cooper, obstructing MacPhail in performance of his duty and possession of a firearm during the commission of a crime.
The prosecution claimed that Davis had shot Cooper in Cloverdale, then met up with Redd Coles at a pool hall, pistol-whipped the homeless man Larry Young in the parking lot, and then killed Mark MacPhail.
[36] On August 28, 1991, the jury took under two hours to find Davis guilty of murder, aggravated assault, possession of a firearm during the commission of a felony and obstruction of a law enforcement officer.
[42] In March 1993, the Georgia Supreme Court also upheld Davis's conviction and sentence, ruling that the judge had correctly refused to change trial site and that the racial composition of the jury did not deny his rights.
[46] In 1994, Davis began habeas corpus proceedings, filing a petition in state court alleging that he had been wrongfully convicted and that his death sentence was a miscarriage of justice.
[54] In a 2002 affidavit, Darrell Collins wrote that the police had scared him into falsely testifying by threatening to charge him as an accessory to the crime, and alleged that he had not seen Davis do anything to Young.
[55] Antoine Williams, Larry Young and Monty Holmes also stated in affidavits that their earlier testimony implicating Davis had been coerced by strong-arm police tactics.
Davis's petition was denied in May 2004; the judge stated in an opinion that the "submitted affidavits are insufficient to raise doubts as to the constitutionality of the result at trial, there is no danger of a miscarriage of justice in declining to consider the claim.
Nobel Peace Prize winner Archbishop Desmond Tutu urged the courts to agree to hear the evidence of police coercion and recanted testimony.
[62] Similar appeals were sent by singer Harry Belafonte,[63] Sister Helen Prejean, author of Dead Man Walking,[64] and actor Mike Farrell.
[69] Representatives from the Council of Europe and European Parliament also spoke out on Davis's case, asking U.S. authorities to halt the planned execution and calling for a new trial.
[70] On July 16, 2007, the Georgia State Board of Pardons and Paroles granted a ninety-day stay of execution in order to allow the evaluation of evidence presented, including the doubts about Davis's guilt.
[71][72] The stay was superseded by the August 2007 decision of the Georgia Supreme Court to grant Davis's application for discretionary appeal from the denial of his Extraordinary Motion for a New Trial.
[80][81] Amnesty International condemned the decision to deny clemency,[82] and former president (and Georgia governor) Jimmy Carter released a public letter in which he stated "Executing Troy Davis without a real examination of potentially exonerating evidence risks taking the life of an innocent man and would be a grave miscarriage of justice.
[87][88] Lawyers for Davis argued that lower courts had failed to permit a hearing to carefully examine the recanted testimony and four witnesses who implicated Coles.
Lawyers for the Georgia attorney general's office argued that most of the affidavits had already been presented and reviewed, and that questions about the quality and credibility of the witnesses were raised at the initial trial.
[95] During the hearing, judge Joel F. Dubina commented: "As bad as it would be to execute an innocent man, it's also possible the real guilty person who shot Officer MacPhail is not being prosecuted.
"[100] The 11th Circuit issued an order extending the stay of execution for 30 days to allow Davis the opportunity to file a habeas corpus petition with the U.S. Supreme Court.
One of Davis's lawyers stated that the day before they had been unsuccessful in serving a subpoena on Coles; Moore responded that the attempt had been made too late, given that the hearing date had been set months in advance.
[105] State attorneys called current and former police officers and the two lead prosecutors, who testified that the investigation had been careful, and that no witnesses had been coerced or threatened.