In what legal experts are calling a highly unusual step, but a major breakthrough, Monday the U.S. Supreme Court ordered a new hearing for death-row inmate Troy Davis, the 40-year-old African-American man from Georgia who faces execution despite widespread concern Davis is an innocent man.
Davis has been on death row since 1991 for the 1989 murder of off-duty white Savannah policeman Mark MacPhail. Despite his 18 years on death row, Davis maintains his innocence, and legal experts and human rights advocates say there is enough evidence to back up his claim.
Monday's Supreme Court decision instructed a lower court to "receive testimony and findings of fact as to whether evidence that could not have been obtained at the time of trial clearly establishes [Davis'] innocence." Advocates are calling the high court's order a crucial and important turn of events, and Davis' attorneys say that a new trial would allow them to show new evidence that could prove Davis was mistakenly identified as the killer.
The original witness testimonies were the backbone of the prosecution's case against Davis because of the absence of a murder weapon, fingerprints and DNA evidence. Since Davis' trial, seven of nine key prosecution witnesses who testified against him have recanted their testimony, and other witnesses have said another man confessed to the killing. Despite these witness' recantations and the exculpatory statements of additional witnesses pointing to another man as the shooter, over the last couple of years federal and state courts have repeatedly denied Davis' request for a new trial to present the new evidence. The ruling on Monday, as the Atlanta Journal-Constitution reported, was Davis' "last chance in the court system."
Ruling in favor of Davis, Justice John Paul Stevens cited prior court precedent that said it would be "an atrocious violation of our Constitution and the principles upon which it is based" to execute an innocent man. Steven added that "the substantial risk of putting an innocent man to death clearly provides an adequate justification for holding an evidentiary hearing."
Adding to the sense of urgency around the Davis case, too, is the long, sour history of wrongly-accused black men receiving "rough justice" in the Deep South. Davis was convicted in Chatham County, a place where genteel traditions and picturesque antebellum mansions mask the harsher truths about the history of slavery, racism, and the Jim Crow era that is still imprinted on the region. Chatham County is home to about 250,000 of Georgia's 9.7 million residents but it has produced 40 percent of all death row exonerations in the state.