----Please distribute widely---

<http://news.google.com/news?q=troy+davis>http://news.google.com/news?q=troy+davis

-------- Original Message --------
Subject: Solid Stay for Troy Davis!
Date: Fri, 24 Oct 2008 14:12:23 -0400 (EDT)
From: National Coalition to Abolish the Death 
Penalty 
<mailto:[EMAIL PROTECTED]><[EMAIL PROTECTED]>
Reply-To: 
<mailto:[EMAIL PROTECTED]>[EMAIL PROTECTED]


Dear E-Abolitionists,

The 11th Circuit Court of Appeals has issued what 
appears to be a solid stay for Troy 
Davis.  Please see below for the message from 
<http://salsa.democracyinaction.org/dia/track.jsp?v=2&c=Ybyd%2BNfgjpX2DWvNQF5Cw6mehtNyLO%2FW>Georgians
 
for Alternatives to the Death Penalty.  NCADP 
offers a heartfelt thank you and congratulations 
to everyone who has been working on this 
case.  It's certainly not over, but clearly 
there is now some breathing room.  Please keep 
the family of officer MacPhail as well as Troy 
Davis and his family and legal team in your thoughts and prayers.

Have an excellent weekend!

--abe


Friends,

I could not be happier to share with you that 
Troy Davis received a stay of execution - this 
means that his execution scheduled for Monday 
night is OFF! The stay is based on a new appeal 
that was filed Wednesday seeking permission to 
file a new lawsuit based on innocence claims.

On behalf of GFADP, the board and our members, we 
offer our sincerest thanks to all the folks at 
the Georgia Resource Center, especially Tom Dunn, 
for their work on Troy Davis' case, especially on 
this week's filing. We are deeply grateful to you 
for making today's great news possible.

It was just after delivering 140,000 petitions to 
the Parole Board and a letter to the Governor 
signed by over 100 Georgia clergy members that we 
heard the great news. Thanks to the beautiful 
people who braved the rain and the coldest day in 
Georgia yet this year to join in funeral 
procession - complete with a casket the 
represented the death of justice - for coming out today!

We will keep you posted as the news unfolds.

with hope and solidarity,
Sara Totonchi

Court issues stay of execution for Troy Davis
By BILL RANKIN, RHONDA COOK
The Atlanta Journal-Constitution

Friday, October 24, 2008

The federal appeals court in Atlanta on Friday 
stayed the execution of Troy Anthony Davis, who 
was scheduled to be put to death by lethal injection Monday evening.

"Upon our thorough review of the record, we 
conclude that Davis has met the burden for a stay 
of execution," the court said in a ruling issued 
by Judges Joel Dubina, Rosemary Barket and 
Stanley Marcus.  Davis, 40, recently lost an 
appeal before the U.S. Supreme Court.

Davis is on death row for the Aug. 19, 1989, 
murder of 27-year-old Savannah police Officer 
Mark Allen MacPhail. Since Davis' trial, seven of 
nine key prosecution witnesses have recanted their testimony.

The defendant's claims of innocence have drawn 
opposition to his execution from leaders across 
the globe, including former President Jimmy Carter and Pope Benedict XVI.

Davis' lawyers expressed relief and jubilation over the court's decision.

"This is the first step toward a court hearing to 
consider the new evidence - something we have 
been asking for for almost a decade now," attorney Jason Ewart said.

Neither MacPhail's mother or sister had heard the 
news when a reporter called. The officer's 
75-year-old mother, Anneliese, declined to 
comment until she had more information.

MacPhail's sister, Kathy McQuary, cried.

Earlier this week, Davis asked the 11th U.S. 
Circuit Court of Appeals for permission to pursue 
another round of appeals in federal court on 
claims he is actually innocent. Permission for a 
new round of appeals is required under the 
Antiterrorism and Effective Death Penalty Act of 1996.

On Friday, the court said the stay of execution 
is conditional. Davis must make a showing he can 
meet the "stringent requirements" to pursue 
another round of appeals, the decision said.

The court directed Davis' lawyers to file a legal 
brief on their arguments within 15 days. The 
state Attorney General's Office has another 10 days to respond

***

Yours in the Struggle,

--abe

PS - Now that the U.S. Supreme Court has 
essentially said (once again) that evidence of 
innocence is irrelevant when it comes too late in 
the process, the challenges and opportunities 
faced by our movement could not be more 
clear. 
<http://salsa.democracyinaction.org/dia/track.jsp?v=2&c=%2FM2eyYhC%2Be57gi4vns6XbamehtNyLO%2FW>Please
 
help increase NCADP's capacity to act by making a 
tax-deductible contribution right now.

PPS - ALSO, please remember that you can also 
support NCADP through workplace giving as well! 
The 2008 Combined Federal Campaign kicked off in 
September, and you can designate NCADP (through 
CFC code: 11946) to receive your support. Please 
see 
<http://salsa.democracyinaction.org/dia/track.jsp?v=2&c=EC3N2PLdqvwH5F7isH3El6mehtNyLO%2FW>http://www.hcr.org/members_cfc.html
 
for more details.



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__________ NOD32 3550 (20081023) Information __________

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John Johnson
Change-Links Progressive Newspaper
[EMAIL PROTECTED] or [EMAIL PROTECTED]
http://change-links.org
Subscribe to our list server. Email  [EMAIL PROTECTED]
(818) 782-1412
Cell (818) 681-7448.

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