Troy Anthony Davis (press release photo).
In addition to acclimating itself to the presence of the United States’ first Latina Supreme Court Justice, Sonia Sotomayor, the nation’s highest court when it reconvenes in September will also have to pick up on where it left off earlier this year regarding a number of high-profile cases, including that of the increasingly curious case of Georgia death row inmate Troy Anthony Davis.
Very few court cases in recent U.S history have generated the kind of intensified focus, lingering controversy, and international scrutiny as that of Davis, the 40-year-old African-American man currently sitting on death row at the Georgia Diagnostic and Classification State Prison for the August 19, 1989 murder of the White American off-duty Savannah police officer, Mark Allen MacPhail. August 19, 2009, will mark the twentieth anniversary of MacPhail’s death and commemorate as well the number of years many people have expressed doubt about Davis’ guilt in the case.
The fact is Davis was indicted for the murder November 15, 1989, by the Superior Court of Chatham County for the murder of Mark MacPhail and convicted and sentenced to death on August 28, 1991. Since then, Davis has filed several for appeals—in 1994, 2001, and 2007–– to stay his execution and request a new trial. Each time, his request has been denied and he has barely avoided execution by a few days or weeks. While the Supreme Court halted Davis’ execution before going on recess for the summer, it delayed until reconvening any decision to hear Davis' appeal and possibly order a new trial.
The primary problem with Davis’ case—outside the fact of MacPhail’s tragic death —is that nothing about it is clear. Out of the nine non-police witnesses whose testimonies helped convict Davis, seven later recanted their testimonies and claimed they were either coerced into submitting false testimonies the first time, or did so without certainty regarding their statements. Moreover, a number of “new witnesses” have come forward to claim they saw another man, an apparent acquaintance of Davis’ known as Sylvester “Red” Coles, commit the murder.
Still, in the face of these recantations and new allegations, questions remain as to why Davis, reportedly, "fled" from the area of the murder and went to Atlanta the night it occurred, only to turn himself in to Atlanta authorities on August 23. Reportedly, the actual weapon used in the murder has never been found and no physical evidence has been linked to Davis. Supporters claim that evidence and affidavits acquired since the Georgia Supreme Court affirmed Davis’ conviction and sentence on February 26, 1993, would prove he did not commit the murder and thus prevent the wrongful execution of an innocent man.
Please Note: This is the first in a series of articles examining the ongoing development and implications of the Troy Anthony Davis case. For Part Two Click Here
Aberjhani is the African American Art Examiner and author (or co-author) of eight books including The American Poet Who Went Home Again and ELEMENTAL, The Power of Illuminated Love.
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Comments
Hey, Aberjhani, thank you for this excellent and informative article. This case is extremely important.
One brief correction, Mr. Davis had not "fled" to Atlanta. You can get more information on that from his lawyers, and his sister, and from him.
Not about this article, but about the above link to the site of Officer MacPhail's family, which contains innacuracies about the case: I am intensely sympathetic to their loss, but I always think that given the man they describe Officer MacPhail to have been, how could they not recognize that Mark Allen MacPhail would never have accepted convicting another using lies, as happened to Mr. Davis; and that he would never have accepted executing someone with such a strong case for innocence?
Thank you, again, for doing such a fine job on this article!
This is Martina Troy's sister and I to think this is a good article, but I also want to echo that Troy did not fled to Atlanta the night or morning of the shooting. There are so many versions of lies used to help convict Troy and to make him seem more guilty. Before the police even talked to Troy they had a shoot to kill order out on him and yet Troy still wanted to come in to answer questions to this date the Savannah Police never interrogated Troy about what happened that night.
Thank you for verifying that, Martina. I have read those lies so many times, and when someone is as fair as Aberjhani seems determined to be, it is so important to get all the facts clear and accurate!
I am so very sorry you and your brother and family are having to go through this.
metta
Thank you Martina and Metta for your comments. I'm all about clarifications and increasing the flow of relevant information to help generate the most positive outcome possible in this extremely important case. As stated toward the end, this installment is only one in the series and I plan to explore and present as many aspects of it as skill, time, and conditions allow. The term "fled" was actually derived from several sources but I have no problems amending the statement to include the word "reportedly."
Martina I applaud your dedication to your brother and especially thank you for taking the time to respond here. If circumstances permit, I would be more than happy to converse with you for the sake of this series. Blessings,
Aberjhani
The real problem for the defenders of Troy Anthony Davis is that they are defending a murder! Davis was convicted because he was guilty. They only real problem with this case is that the brutal murder is still alive.
Actually StargazerInSavannah, at this point nothing regarding who is or is not guilty in the Troy Anthony Davis and Mark Allen MacPhail case can be described as conclusive. The good thing about the Supreme Court's recent call for an evidential hearing is that it provides an opportunity to clarify a number of issues surrounding the case. Once the hearing is held, perhaps then both families involved will be able to put the case behind them and experience a healing sense of closure in their lives.
Aberjhani
Stop killing or kids, the death penealty is wrong huh Moma Davis.
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