Vol. 73/No. 24 June 22, 2009
Davis was arrested in 1989 and convicted in 1991 of killing a Savannah, Georgia, cop, largely on the testimony of nine state witnesses. Seven of them have since recanted or changed their testimony, with some saying they were coerced by cops to testify against Davis.
Members of the Congressional Black Caucus (CBC) sent letters to U.S. attorney general Eric Holder and Chatham County district attorney Larry Chisolm, urging action to enable Davis to have a new trial.
On May 20, several weeks after the letters were sent, two members of the CBC, John Lewis and Hank Johnson from Georgia, along with NAACP president Ben Jealous met with Davis at the prison in Jackson, Georgia. Following the nearly two-hour meeting, Lewis said, I came away convinced that this man is an innocent man.
Jealous announced that the NAACP is making this case a national priority. The organization has sent an e-mail to 400,000 supporters, urging them to campaign for Davis.
On April 16 the 11th Circuit Court of Appeals denied Daviss appeal for a new trial. In response to that decision, attorneys for Davis have filed an appeal to the U.S. Supreme Court asking that his case be sent back to a federal judge so the evidence of innocence can finally be heard.
Mr. Davis execution without a full and fair hearing in which he could make a truly persuasive demonstration that he is actually innocent would violate his constitutional rights, the petition says.
On May 20, the day after the appeal to the Supreme Court was filed, 27 former judges, justices, and prosecutors filed a friend-of-the-court brief, urging the court to grant Daviss request to have his claims of innocence heard in federal court. Among those signing the brief are former deputy U.S. attorney general Larry Thompson; nine former U.S. attorneys, including former Georgia congressman Robert Barr; and two former state Supreme Court chief justices.
Daviss supporters launched a petition drive in Savannah asking District Attorney Chisolm to reopen the case. Kathryn Hamoudah, state death penalty abolition coordinator for Amnesty International in Atlanta, told the Militant more than 6,000 signatures have been collected as of June 8. Hamoudah said that petitioners have encountered some opposition, but less than expected.
A new death warrant has not been issued although the stay of execution has expired. Lydia Sermons, a spokeswoman for the Chatham County district attorneys office, told the Atlanta Journal Constitution that no action would be taken until all appeals are exhausted.
To join in the petitioning effort in Savannah email: kathryn.hamoudah@gmail.com.
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