Vol. 73/No. 1      January 12, 2009

The appeal is based on the fact that since the conviction enough evidence has been presented that a “reasonable juror” could find Davis not guilty. Seven of nine prosecution witnesses in the case have recanted their testimony.

The night before the hearing, supporters of Davis gathered outside the federal appeals courthouse in Atlanta. Speakers vowed to continue the fight to save Davis’s life and overturn his conviction. The vigil was organized by Georgians for Alternatives to the Death Penalty and Amnesty International in Atlanta.

More than 200 people attended the hearing, filling the courtroom and an another set aside for the overflow. The families of Mark MacPhail and of Troy Davis both attended.

Addressing the media after the hearing, Martina Correia, Davis’s sister, pledged to keep fighting, not just for Troy, but for others like him who do not have people fighting for them. She pointed to a recent episode of the television show Boston Legal, which referenced Davis’s case, as an example of the progress of the campaign to defend Davis. “Troy deserves his day in court,” Correia said. She went on, “I hope the case illuminates what is wrong with the justice system. Are we protecting innocent people or are we protecting the system? This is why we need to abolish the death penalty,” she told the media at an impromptu press conference in the street outside the federal court building. She said the Antiterrorism and Effective Death Penalty Act should be repealed.

Laura Moye from Georgians for an Alternative to the Death Penalty said that getting this hearing and the turnout of Davis’s supporters is a result of the cumulative effect of what supporters of the case have done.

The judges said the hearing would determine what was left of the case without the recanted testimony. Thomas Dunn, one of Davis’s attorneys, argued that Stephen Sanders, one of the two witnesses who have not recanted, was not a credible witness. Sanders initially told police that he could not identify the shooter. But during the trial he identified Davis.

Under prodding from Judge Rosemary Barkett, Senior Assistant Attorney General Susan Boleyn admitted that Sanders had not been brought before any line up with other possible suspects.

Judge Stanley Marcus noted that since the trial three witnesses have come forward to implicate Redd Coles, who was at the scene of the fatal shooting. The cops focused on Davis as the suspect after Coles implicated him the day after the killing. Coles is the only other witness who has not recanted his testimony.

The three judges will rule on whether there is enough evidence to grant Davis a new trial. No date has been set for when the panel will issue its ruling.  
 
 
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