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Tue, Dec 02 2008 

Published October 04, 2008 12:44 pm - The surest way to destroy public support for the death penalty would be to execute an innocent man.
This is why the U.S. Supreme Court’s stay of execution, just two hours before Troy Anthony Davis was to be put to death for killing a Savannah police officer in 1989, was absolutely the right thing.


Justice must be served


The Augusta (Ga.) Chronicle

The surest way to destroy public support for the death penalty would be to execute an innocent man.

This is why the U.S. Supreme Court’s stay of execution, just two hours before Troy Anthony Davis was to be put to death for killing a Savannah police officer in 1989, was absolutely the right thing.

There is no evidence that our state has executed an innocent man since the high court reinstated capital punishment in 1976, and to the best of our knowledge such a tragic error has not happened in any other state either, though there have been some close calls.

No state should risk making such an error, yet it’s possible Georgia could have had an innocent man’s blood on its hands if Davis’ execution had been carried out. Whenever there is credible doubt about a man’s guilt — and Davis has always maintained his innocence — there should no execution.

Despite numerous appeals to state and federal courts, enough doubt has been raised in the Davis case to suggest his 1991 conviction needs revisiting. There’s certainly enough doubt for the high court justices to hear his plea, to throw out the Georgia Supreme Court’s 4-3 ruling last March that permitted the state to continue to move ahead on the execution.

If the top court overturns the state ruling, it would open the way for Davis to get a new trial, or at least a court hearing. This seems to us to be justified given the unusual circumstance that seven of nine key prosecution witnesses who testified against Davis have recanted their testimony. What’s that all about?

To be sure, there must be plenty of evidence of Davis’ guilt, or all his earlier appeals wouldn’t have been turned down. After studying the trial record for more than a year, the state Pardons and Paroles Board said it was certain of its decision Monday to reject Davis’ latest bid for clemency. This is the same five-member panel that a year ago gave Davis a reprieve just hours before he was slated to die.

Would the public agree with Georgia’s courts and paroles board if it evaluated the same evidence? That’s what we need to find out.

The family of slain police officer Mark Allen MacPhail was bitterly disappointed at the high court’s stay. His sister said the execution “should have happened today,” but that she’s confident “justice will be served,” meaning that she expects the Supreme Court to reinstate the death verdict.

We share her confidence justice will be served — but only after another hard look at Davis’ conviction. The nation must never risk executing an innocent man.

– The Augusta (Ga.) Chronicle



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