24 September 2008

Supreme Court issues last-minute stay of execution for Troy Davis (with a catch)

On Tuesday afternoon, less than two hours before Troy Davis was scheduled to be executed by the state of Georgia despite compelling evidence of his innocence, the Supreme Court stepped in and issued a stay of execution.

However, it is temporary, and there is a catch. The Supremes are going to meet on Monday, September 29, to decide whether to hear Davis's appeal.

Here, per the Atlanta Journal-Constitution, is what happens next:
In its order, the U.S. Supreme Court said if the justices decline to hear Davis’ case, "this stay shall terminate automatically." If the court agrees to hear the case, the stay will remain in force until the high court issues its ultimate ruling, the order said.
That's quite a snag.

After all, Davis's trial was flawed, and many of the witnesses have since recanted or contradicted their stories. There is no physical evidence linking him to the crime, and his conviction was based solely on that questionable testimony by witnesses. In other words, there is reasonable doubt as to Davis's guilt. And there's no excuse to execute someone when there's reasonable doubt as to his guilt.

Hopefully the Supremes will see this and will agree to hear the case.

Meantime, the Pope has called for clemency for Troy Davis. So have Desmond Tutu and Jimmy Carter and countless private citizens. Could we all be wrong in calling for a new evaluation of the case in light of the new evidence in Davis's defense?

Amnesty International USA (AIUSA) issued the following statement regarding the stay:
"For reasons that are unfathomable, Chatham County officials seemed doggedly determined to ram this execution through before justice could fully run its course," said Larry Cox, executive director for AIUSA. "We are grateful that the U.S. Supreme Court has shown the foresight to stay the execution. We hope that it takes up the case and looks at it with fresh eyes, marking the first time that evidence pointing to Davis' innocence will have been heard in a court of law."
Indeed.

Meantime, Davis has been sitting on death row since 1991 for a crime he probably did not commit. Imagine what that must be like.

And imagine how he must feel today. And know that it could be you.

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