Published on: 03/17/08
According to the evidence at trial, in the early morning hours of Aug. 19, 1989, Troy Anthony Davis was at a Savannah pool hall with Sylvester "Redd" Coles and Darrell "D.D." Collins.
Nearby, a homeless man, Larry Young, left a convenience store with some beers. Coles, according to testimony, asked Young for a beer and, when Young refused, Coles followed him, cursing at him.
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Davis and Collins circled around Young, and, according to testimony, Davis struck Young in the head with a pistol. Collins fled. Savannah police Officer Mark Allen MacPhail, working off duty nearby, began pursing Davis and Coles and shouted for them to stop.
Coles stopped, and MacPhail ran past him. The officer came upon Davis, who shot MacPhail. MacPhail fell to the ground, according to testimony. Davis then stood over MacPhail and, according to testimony, fired two more shots, killing the officer.
Witnesses: Jeffrey Sapp and Kevin McQueen
Original testimony: Both testified at trial that Davis admitted to them he had killed MacPhail.
Recantation: Sapp said in an affidavit that he lied to officers because he wanted them to stop harassing him and felt pressured to maintain the story at trial. In a 2003 interview with The Atlanta Journal-Constitution, Sapp stood by his recantation. McQueen said he lied at trial because he'd been angry at Davis.
Court opinion: Even if Sapp's and McQueen's recantations are true, they would show merely that Davis did not admit his guilt, not whether he was guilty or not guilty. Also, because both were obtained in 1996, Davis' lawyers were not diligent in presenting them to a trial court, a requirement for extraordinary motions for a new trial.
Witness: Darrell "D.D." Collins,
Original testimony: Said he saw Davis strike Young, critical testimony because other witnesses testified that the person who hit Young also shot MacPhail.
Recantation: In a 2002 affidavit, said he did not witness Davis strike Young and felt pressured to testify the way he did.
Court opinion: This testimony "does not in any way show that Davis was not guilty of striking Young and shooting MacPhail."
Witness: Larry Young
Original testimony: Said it was Davis who struck him with the gun.
Recantation: Said in an affidavit that he did not know who struck him. He also repeated that in an interview with the AJC.
Court opinion: Did not address Young's recantation.
Witness: Antoine Williams
Original testimony: Said at trial that he was "60 percent" certain he saw Davis shoot MacPhail.
Recantation: In a 2002 affidavit, said he could not identify Davis as the shooter. In a 2003 interview with the AJC, said he did not see who fired the shot because he was ducking for safety.
Court opinion: There is nothing in Williams' affidavit that indicates Davis was not guilty, and Williams' trial testimony is still admissible. It fails to show his trial testimony was the "purest fabrication."
Witness: Dorothy Ferrell
Original testimony: At trial, identified Davis as the shooter.
Recantation: In a 2000 affidavit, said she felt pressured to testify against Davis and did not actually see who shot MacPhail.
Court opinion: Her original trial testimony is still admissible at retrial and her affidavit does not show that testimony was the "purest fabrication."
Witness: Harriet Murray
Original testimony: Identified Davis at trial as the killer, describing in detail his physical features and his gun.
Recantation: In a 2002 affidavit, Murray seems to identify Coles as the shooter.
Court opinion: Murray's affidavit was not stamped and signed by a notary. But even if the court were to consider the unsworn statement, it falls short of proving Murray's trial testimony was a fabrication.
— Compiled by staff writers Bill Rankin and Sonji Jacobs



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