Condemned man’s chances grow slimmer

Troy Anthony Davis now sits where he was little more than a year ago —- hours away from being put to death by lethal injection.

In July 2007, the state Board of Pardons and Paroles stepped in and stayed Davis’ execution less than 24 hours before it was to be carried out. But on Monday, the board rejected pleas to reconsider its recent decision to deny clemency on grounds there is too much doubt as to whether Davis shot and killed a Savannah police officer.

Also Monday, the Georgia Supreme Court denied Davis’ request for a stay of execution. Justice Robert Benham cast the lone dissent.

Davis’ last hope to avoid execution at 7 p.m. today now appears to rest with the U.S. Supreme Court, where his lawyers also have asked for a stay of execution.

Davis, 39, sits on death row for the Aug. 19, 1989, murder of Officer Mark Allen MacPhail. Since Davis’ 1991 trial, seven key prosecution witnesses have recanted their testimony. Witnesses formed the core of the prosecution, which had no DNA, fingerprints or murder weapon to present as evidence.

His claims of innocence have drawn international attention, with Pope Benedict XVI asking that Davis’ sentence be commuted to life in prison without parole. Former President Jimmy Carter has also asked for the case to be reconsidered, saying it “illustrates the deep flaws in the application of the death penalty in this country.”

Chatham County prosecutors have expressed confidence that Davis is a cop killer. MacPhail, who was working security off-duty, rushed to a Savannah Burger King parking lot late at night after hearing the screams of a man being pistol-whipped.

Prosecutors say that before he could draw his weapon, MacPhail, a 27-year-old father of two, was shot down by Davis, who then stood over the fallen officer and fired again and again.

Members of MacPhail’s family, in prior interviews with The Atlanta Journal-Constitution, have said they support Davis’ execution and believe they have waited too long for his sentence to be carried out.

With Davis’ legal options dwindling, death-penalty opponents and members of the clergy on Monday called for prison officials and medical staff scheduled to carry out Davis’ death by lethal injection to call in sick today.

“We call for a general strike or ‘sick-out’ by all but a skeleton staff,” Sara Totonchi, chairwoman of Georgians for Alternatives to the Death Penalty, said at a news conference outside the Capitol. “If you work on that day, you will enable the prison to carry out the execution of an innocent man.”

The Rev. Raphael Warnock, pastor of Ebenezer Baptist Church, also asked the parole board to reconsider its Sept. 12 decision denying Davis clemency.

“Justice and due process deserve a real chance in Georgia,” Warnock said.

Because of the doubts as to Davis’ guilt, it would not be an error to resentence him to life in prison, the pastor said. “If you execute an innocent man, you will irretrievably err and leave the blood of Troy Davis on all of our hands.”

Edward DuBose, president of the Georgia state conference of the NAACP, also asked that Davis be resentenced to life in prison.

“Troy Anthony Davis is an innocent man, and Georgia is on watch by the world,” he said. “This is a modern-day lynching if it’s allowed to go forward.”

The parole board declined.

Fourteen months ago, the board halted Davis’ execution because of questions as to his guilt. Since then, the board has extensively studied and considered the case, board spokeswoman Scheree Lipscomb said.

This includes hearing from every witness presented by Davis’ lawyers, retesting the state’s evidence and interviewing Davis himself, she said.

“After an exhaustive review of all available information regarding the Troy Davis case and after considering all possible reasons for granting clemency, the board has determined that clemency is not warranted,” Lipscomb said.

Lipscomb said the board does not generally comment on capital cases it has considered for clemency. “However, the Troy Davis case has received such extensive publicity that the board has decided to make an exception,” she said.

Beginning this morning at 9, Davis will be allowed to see visitors until 3 p.m., said Paul Czachowski, a spokesman for the Department of Corrections.

After that, Davis is to be given a routine physical and a last meal. Davis has not requested anything special and is to be served a regular prison meal, Czachowski said. He will then be given the opportunity to record any statement he wishes to give and, an hour before his scheduled execution, will be offered a sedative, the spokesman said.

On Monday, Jason Ewart, one of Davis’ lawyers, said his focus is now on the nation’s highest court. “We’re hoping that somebody will take a hard look at our facts,” he said.

TIMELINE

> Aug. 30, 1991 —- Troy Davis is sentenced to death by a Chatham County jury for the 1989 murder of Savannah Police Officer Mark Allen MacPhail.

> July 16, 2007 —- After a 10-hour hearing, the state Board of Pardons and Paroles stays Davis’ execution, set for the next day.

> March 17, 2008 —- By a 4-3 vote, the Georgia Supreme Court upholds Davis’ death sentence, rejecting his request for a hearing that recantation testimony be presented in court.

> Sept. 3, 2008 —- Davis’ execution is set for Sept. 23 at 7 p.m.

> Sept. 12, 2008 —- The state parole board, after hearing more testimony, declines to grant clemency to Davis.

> Sept. 22, 2008 —- The Georgia Supreme Court rejects Davis’ bid for a stay of execution.