Troy Davis' request to take polygraph test is denied

By Bill Rankin

The Atlanta Journal-Constitution

Troy Anthony Davis' lawyers this morning were turned away by prison officials, who rejected their attempt to allow Davis to take a polygraph test to try and show he is not a cop killer.

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John Spink, jspink@ajc.com Officials at Georgia Diagnostic Prison turn away lawyers for Troy Davis on Wednesday, Sept. 21, 2011, as the lawyers try to gain access to give Davis a polygraph test.

Georgia Department of Corrections Troy Davis, 42, was put to death for the 1989 murder of off-duty Savannah Police Officer Mark Allen MacPhail.

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Davis had requested to take a polygraph test before he is scheduled to be executed Wednesday night to show he is not a cop killer, his lawyer said late Tuesday evening.

"Mr. Davis believes he is innocent and he wants to show it," Stephen Marsh, one of Davis' lawyers, said. "We hope he'll be allowed this opportunity."

Davis, who has always maintained his innocence, sits on death row for the 1989 murder of off-duty Savannah Police Officer Mark Allen MacPhail. The state Board of Pardons and Paroles denied him clemency early Tuesday. He is set to be put to death by lethal injection at 7 p.m.

Marsh said Davis' legal team has yet to be cleared by the Department of Corrections to have the test administered Wednesday, but he said Davis' lawyers will show up at the state prison in Jackson with a polygraph examiner in the morning.

Davis also wants some assurance from the parole board that it will take his test into consideration, Marsh said.

"He's not going to spend three hours away from his family on what could be the last day of his life if this does not make any difference," the Washington attorney said.

"We're obviously very disappointed with the board's decision," Marsh added. "We also know there is the question of reliability of polygraph tests, especially under these circumstances. They are not always helpful in proving someone's guilt, but they may have value in showing whether someone is innocent. We hope the Department of Corrections will allow it and that the parole board will take it into consideration."