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FILE - This undated file photo provided by the Georgia Department of
Corrections shows death row inmate Troy Davis. The Supreme Court on
Monday, March 28, 2011 rejected an appeal from a Davis, who was given a
rare chance to argue his innocence but failed to convince a federal
judge that he was wrongly convicted of the 1989 murder of a Savannah
police officer.
(AP Photo/Georgia Department of Corrections, File) |
By
Greg Bluestein
Associated Press
/
March 28, 2011
ATLANTA—Georgia
prosecutors who spent more than two decades trying to execute Troy Davis
have won what may be their final legal battle in the U.S. Supreme
Court, yet state prison officials still can't schedule his execution.
This time it's because federal regulators seized the state's entire supply of a key lethal injection drug.
The
Supreme Court's Monday decision to reject Davis' appeal clears the way
for state authorities to execute Davis, who had been given a rare chance
to argue his innocence but failed to convince a federal judge he was
wrongly convicted of the 1989 murder of a Savannah police officer.
The
high court's decision came at an inopportune time for Georgia
authorities, who have set three previous execution dates for Davis since
2007 only to have each postponed so judges could review the case.
Federal regulators this month seized the state's entire stockpile of
sodium thiopental, a sedative used in the three-drug lethal injection
cocktail, amid questions about how the state obtained it.
That
means prison officials can't schedule Davis' execution until the Drug
Enforcement Administration concludes its investigation or Georgia
switches to another drug. Arizona, Texas and Ohio have already switched
to another sedative, pentobarbital, amid a nationwide supply shortage,
but Georgia prison officials won't comment on whether they are
considering a similar move.
Still,
the court's rejection is a crushing setback for Davis, who has become a
cause celebre for the international anti-death penalty movement amid
claims that he wasn't the one who killed off-duty Savannah police
officer Mark MacPhail -- and that he had evidence to prove it.
Even
Davis' attorneys acknowledge his options are limited. Defense attorney
Jason Ewart said the likeliest -- and perhaps only -- route is the
Georgia Board of Pardons and Paroles. The five-member panel has the
power to commute or postpone executions, but rarely does so.
"We
have to address the parole board. They said they wouldn't execute
someone if there's doubt, and this case is so riddled with doubt," said
Martina Correia, Davis' sister. "It's a shame in the U.S. when people
don't value innocence. You would think the highest court in the land
would have a lot more sensitivity to these issues."
MacPhail's mother, Anneliese MacPhail, said she hopes the court's decision has put to an end to Davis' legal appeals.
"I'm
relieved that it's over now," said Anneliese MacPhail. "Well, maybe.
I'm not believing it until it's over. It's been going on for so many
years now that every time we think we're near the end, something else
comes up. I just want this to end so badly, you won't believe it. This
has been a nightmare."
MacPhail
was working off-duty at a Savannah bus station on Aug. 19, 1989, when
he was shot twice after rushing to help a homeless man who had been
attacked. Eyewitnesses identified Davis as the shooter at his trial, but
no physical evidence tied him to the slaying. Davis was convicted of
the murder in 1991 and sentenced to death.
Davis
has long claimed he could clear his name in MacPhail's death if a court
would give him the chance to hear new evidence. The U.S. Supreme Court
in 2009 agreed he should be able to argue his innocence, a rare chance
afforded no other American death row defendant in at least 50 years.
During
two days of testimony in June, U.S. District Judge William T. Moore Jr.
heard from two witnesses who said they falsely incriminated Davis and
two others who said another man had confessed to being MacPhail's killer
in the years since Davis' trial.
But
Moore concluded in August that several of the witnesses had already
backed off their incriminating statements during the 1991 trial -- so it
wasn't new evidence -- and that others simply couldn't be believed. He
ruled that while the evidence casts some additional doubt on the
conviction, "it is largely smoke and mirrors" and not nearly strong
enough to prove Davis' innocence.
Davis
sought to appeal Moore's decision, but the 11th Circuit Court of
Appeals refused to hear the challenge in November. The Supreme Court
then rejected the appeal on Monday, offering no elaboration.
Prosecutors
were relieved by the decision. Lauren Kane of the Georgia Attorney
General's office said it's consistent with every other court that
reviewed Davis' case.
"Perhaps, now justice can finally be served in this matter," she said.
Supporters of Davis quickly called on the pardons board to commute his sentence.
Laura
Moye of Amnesty International said lingering concern about the case
"leaves an ominous cloud hanging over an irreversible sentence." And
Kathryn Hamoudah, who chairs Georgians For Alternatives to the Death
Penalty, said Davis' case exemplifies the problems with the state's
death penalty system.
"Proceeding
with the execution of Troy Davis would be callous, careless and
irreversible," she said. "The state should be slowing down to address
the well-documented, serious problems with a system that irreversibly
takes human life, rather than rush to carry out an execution of a
possibly innocent man."
Associated Press Writer Mark Sherman in Washington contributed to this report.