09 December 2008

Federal Appeals Court to hear Troy Davis case today

For years, Georgia death row inmate Troy Davis has been on a rollercoaster ride for his life. And it's about to climax. Again.

Today, the 11th U.S. Circuit Court of Appeals in Atlanta is scheduled to hear oral arguments in Davis's case as to why he deserves a new trial.

This appeals court had issued an eleventh-hour stay of execution back in October, just hours before Davis was to be killed. The court finally wants to hear more about the new evidence of his innocence.

Davis has been sitting on Georgia's death row for a 1989 murder that he maintains he did not commit. In March of this year, the George Supreme Court inexplicably decided 4-3 to deny a new trial for Davis, despite significant doubts about his guilt.

Davis's original trial was flawed, and most 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.

Yet, despite all these considerations, on October 14, the U.S. Supreme Court rejected Davis's appeal. So, in effect, the Supremes chose to allow the state of Georgia to execute a man who very well might be innocent of the crime for which he was convicted. An execution date was set for October 27.

Fortunately the appeals court saw fit to intervene.

What happens next:

If the three-judge panel from the 11th Circuit Court of Appeals thinks that the case should move forward, Davis will be allowed to petition the lower court (the Southern District of Georgia) for an evidentiary hearing, at which he could present the new evidence in his favor which has never before been examined in court. Witnesses would be called to testify and be cross-examined.

The court could announce its decision in a week or in a few months.

Stay tuned for updates. Fingers crossed.

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