Georgia Supreme Court denies Troy Davis appeal

LANTA --The Georgia Supreme Court on Monday again rejected a death row inmate's request for a new trial, even though several witnesses who testified against the condemned man have recanted.
Troy Davis was convicted of gunning down a Savannah police officer in 1989.

In March, the state's top court denied Davis a new trial by a 4-3 vote. On Monday, the justices rejected Davis' appeal for them to reconsider that decision. The vote was again 4-3.

Writing for the majority, Justice Harold Melton said the new evidence was not enough to force a new trial. The court cannot disregard the jury's original verdict, he wrote.

The decision drew a rebuke from Amnesty International, the human rights group that has worked to draw media and public attention to the case.

"We are deeply disappointed," Jared Feuer, Southern Regional Director for Amnesty International, said.

"Throughout Mr. Davis' appeal, each court has ruled on procedures and technicalities, failing to recognize that a man's life is at stake," he said.

Davis' lawyers say several witnesses have recanted or contradicted their testimony that they saw Davis shoot 27-year-old Mark MacPhail or heard him confess to the shooting.

Three people who did not testify at trial have said in affidavits that another man confessed to killing the officer after Davis was convicted.

Davis was one day away from being put to death last July for the fatal shooting of MacPhail when the state Board of Pardons and Paroles issued a stay of execution.

But Monday's decision is unlikely to mean that Davis will be executed anytime soon. Several recent executions in Georgia have been halted as the U.S. Supreme Court considers whether the lethal injection method used in some states is cruel and unusual punishment.

MacPhail's family has continued to assert that Davis is guilty. His widow, Joan MacPhail, said she believes much of Davis' support is from people who aren't familiar with the details of the case. [MORE]