STAY of EXECUTION Granted for Troy Davis! Sent by Debra & Charles Fredricks: [EMAIL PROTECTED]
Dear Friends, Great news...Troy is safe for now! In spite of the U.S Supreme Court's October 14th refusal to grant Troy a new hearing, a positive development unfolded today in the case of Troy Anthony Davis. The Federal Appeals Court in Atlanta, Georgia, granted a 25-day stay of execution (the 3rd stay in 16 months). Troy was scheduled to be executed on Monday, October 27th. With gratitude for all your contributions towards justice (phone calls, emails, petitions and always preading the word) ! For updates on this case and future actions, please visit, check the following websites: Georgians for Alternatives to the Death Penalty: www.gfadp.org Troy Anthony Davis: www.troyanthonydavis.com Amnesty International www.amnestyusa.org Death Penalty Focus www.deathpenaltyfocus.org May justice & compassion prevail! In peace & solidarity, Debra & Charles Fredricks Update: Court Stays Execution of Troy Davis Reuters: Friday, October 24, 2008 ATLANTA - A U.S. court granted a stay of execution on Friday to a convicted murder due to die by lethal injection next week in a case the Pope and Nobel Peace Prize winner Archbishop Desmond Tutu have described as troubling. The federal appeals court in Atlanta granted a stay of around 25 days for Troy Davis so lawyers could file a brief arguing the execution was unconstitutional because he is innocent, said Jason Ewart, a lawyer for Davis. Davis had been due to put to death on Monday. He was convicted of killing police officer Mark MacPhail in Savannah, Georgia, in 1989. Seven of the nine witnesses on whose testimony he was found guilty have since recanted their testimony. Anti-death penalty campaigners have rallied around the Davis case. They say executing a man when there is doubt over his guilt exposes the flaws in the system. U.S. courts have rendered decisions that backed Davis' conviction and said the witnesses' recantation of evidence does not meet the required judicial threshold for a new trial. Writing by Matthew Bigg; editing by Tom Brown and Mohammad Zargham C 2008 Reuters Updated: 5:57 p.m. October 24, 2008 Court Issues Stay of Execution for Troy Davis By <mailto:[EMAIL PROTECTED]> BILL RANKIN, <mailto:[EMAIL PROTECTED]> RHONDA COOK The Atlanta Journal-Constitution Friday, October 24, 2008 The federal appeals court in Atlanta on Friday halted Troy Anthony Davis' execution, the third time his life has been spared shortly before he was to be put to death. Davis' claims of innocence, based largely on the recantations of prosecution witnesses, have attracted international attention and protest. He was set to be executed by lethal injection Monday evening for the 1989 murder of an off-duty Savannah police officer. For the third time in 16 months, Troy Davis was granted a stay of execution. The 11th Circuit's ruling is the latest in what has been a roller-coaster ride of last-ditch appeals in which Davis, 40, has been repeatedly denied relief only to be spared again and again. Martina Correia, Davis' sister, said she and her mother, Virginia Davis, were packing for the trip to death-row when they got the news. "I've been praying," Correia said. "He deserves to be free. He at least doesn't deserve to die for something he didn't do." Since Davis' 1991 trial, seven of nine key prosecution witnesses have backed off their testimony. Others have come forward and implicated another man in the killing of 27-year-old Savannah Police Officer Mark Allen MacPhail. The witnesses' recantations have prompted leaders across the globe to call for Davis' death sentence be commuted. But Chatham County prosecutors say they are certain Davis is a cop killer and deserves to die for it. When the 11th Circuit issued its stay, Davis' supporters were holding a mock funeral at the state Capitol. Demonstrators carried a coffin and a petition with 140,000 signatures to the state Board of Pardons and Paroles. Davis' supporters also delivered a letter signed by more than 100 members of Georgia's clergy to the Governor's office. Correia talked to Davis after the court issued its stay. "To all the people around the world working hard and fighting for him, he wants to say thank you and this fight has to continue," she said. The officer's 75-year-old mother, Anneliese, expressed fury and exasperation. "It's unbelievable," she said. "It's tearing us apart. I'm at the end with my nerves. I can't sleep, I can't eat. This is ridiculous." MacPhail's sister, Kathy McQuary, cried when she learned of the stay from a reporter. Davis' lawyers expressed hope the stay leads to the new evidence being presented at a hearing. "I am extremely relieved that the 11th Circuit, when addressed with such a grave issue as the innocence of a man set for execution, wants to hear argument and make a considered judgment," said Tom Dunn, a member of Davis' legal team. The state Attorney General's Office canceled Monday's execution, spokesman Russ Willard said, adding that state attorneys are exploring the their options. On Wednesday, Davis asked the 11th Circuit for permission to pursue a new federal habeas corpus petition in which an inmate claims he is unlawfully incarcerated. The Antiterrorism and Effective Death Penalty Act of 1996 requires a federal appeals court to approve such a request before such a new lawsuit can be filed. "Upon our thorough review of the record, we conclude that Davis has met the burden for a stay of execution," the court said in an order issued by Judges Joel Dubina, Rosemary Barkett and Stanley Marcus. The judges called the stay "conditional" and said they want to hear more from Davis' lawyers and state attorneys. Davis must clear two difficult legal hurdles to win a new round of appeals. First, he must show that his lawyers could not have previously found the new evidence supporting his innocence no matter how diligently they looked for it. And he must show that the new testimony, viewed in light of all the evidence, is enough to prove "by clear and convincing evidence that.no reasonable fact finder would have found [him] guilty." The 11th Circuit added a twist. It asked the parties to address whether Davis can still be executed if he can establish innocence under the second standard but cannot satisfy his burden under the first, due-diligence question. The court gave Davis' lawyers 15 days to file their legal brief and state attorneys another 10 days to respond. In July 2007, the state Board of Pardons and Paroles issued a stay less than 24 hours before Davis was to be put to death. Last month, the Supreme Court halted Davis' execution with less than two hours to spare. Georgians for Alternatives to the Death Penalty: www.gfadp.org <http://www.gfadp.org/TakingAction/TroyDavis/tabid/68/dummy.gif> Campaign to Save Troy Davis <http://www.gfadp.org/TakingAction/TroyDavis/tabid/68/dummy.gif> (updated: 10/24/08; 2pm) Latest news: TROY DAVIS WAS GRANTED A STAY OF EXECUTION FROM THE 11TH CIRCUIT COURT OF APPEALS TODAY (10/24/08)! His lawyers have 25 days to ask for permission to file a 2nd habeas petition. This voids the execution warrant that was in place. Troy is safe for now!!! PLEASE STAY TUNED! Case Background: Troy Davis was sent to Georgia's death row in 1991 for the murder of Mark Allen MacPhail, a white police officer in Savannah, Georgia in 1989. The conviction was not based on any physical evidence The murder weapon was never found. The prosecution relied on witness testimony. 7 out of 9 witnesses have recanted or contradicted their story. Many alleged coercion by the police. Excerpts From Their Affidavits: "[The police] were telling me that I was an accessory to murder and that I would . go to jail for a long time and I would be lucky if I ever got out, especially because a police officer got killed.I was only sixteen and was so scared of going to jail." "After the officers talked to me, they gave me a statement and told me to sign it. I signed it. I did not read it because I cannot read . I was totally unsure whether he was the person who shot the officer. I felt pressured to point at him ... I have no idea what the person who shot the officer looks like." "The police came and talked to me and put a lot of pressure on me.. They wanted me to tell them that Troy confessed to me about killing that officer. The thing is, Troy never told me anything about it. I got tired of them harassing me .. I told them that Troy did it, but it wasn't true." "There was and is no doubt in my mind that the person who shot the officer had the gun in and was shooting with his left hand." Davis is right-handed. One of the witnesses may be the actual murderer! 1 of the 2 witnesses who has not recanted has been implicated by 9 people as the murderer. Several factors have made it tough to appeal with the new evidence. Severe cuts to Georgia's legal defense resources meant that two lawyers represented close to 160 people on death row, including Davis, when he needed critical work done for his appeals. Also, in 1996, Congress passed the Anti-Terrorism and Effective Death Penalty Act, which increased restrictions on appeals. No court would hear the new evidence - the witness recantations. Davis was turned down throughout his appeals, including at the US Supreme Court. Davis came within 23 hours of execution in July, 2007 and within 2 hours of execution on September 23, 2008. The Georgia Supreme Court said it would consider his "extraordinary motion for a new trial" appeal in August, 2007 and held a hearing in November. On March 17, 2008, the court rejected his appeal on "overly rigid" (dissenting Judge Sears) technicalities setting an impossibly high bar for the recantations to be considered. The US Supreme Court also rejected his request for consideration of an evidentiary hearing or new trial. Troy needs your help! Please take action - sign a petition, educate your friends and contacts. 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