In a sudden turn of events, the federal appeals court in Atlanta stayed the execution of Troy Davis on Oct. 24. Davis was scheduled to be executed just three days later. It was a temporary, but essential, legal victory in the long journey to vindicate the innocent Davis.
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Despite the setback dealt by the Supreme Court, Davis’s supporters and legal team were unbowed. Organizers led demonstrations to denounce the court’s decision and call for a new hearing. Davis’s lawyers then filed a brief requesting another round of appeals. This procedural hurdle is mandatory under the Clinton-enacted “Antiterrorism and Effective Death Penalty Act of 1996,” a reactionary legislation that curtailed the appeals process and expedited the rush to executions across the country.
Davis’s attorney, Jason Ewart, told the Atlanta Journal Constitution after hearing of the stay, “This is the first step toward a court hearing to consider the new evidence— something we have been asking for for almost a decade now.”
The case dates back to 1989, when Davis was arrested in Georgia for allegedly killing an off-duty police officer. Two years later, he was convicted and sentenced to death, although no physical evidence linked Davis to the crime. No murder weapon was found.
Seven of the original nine prosecution witnesses recanted their testimony after the trial. Many said that the police forced them to testify against Davis. New witnesses have emerged who have also said Davis is not guilty.
None of this mattered to Georgia state prosecutors. Officials ignored the exculpatory evidence and pursued Davis’s execution with zeal.
Davis’s case is indicative of the racist nature of the criminal “justice” system and the death penalty in the United States. The color of his skin outweighed all evidence.
The see-saw legal process has put Davis’s life in jeopardy at least four times. On Sept. 23, thousands around the world mobilized to demand that the U.S. Supreme Court hear his case. This forced the court to grant a temporary stay, but the court soon put Davis in the hangman’s noose once again. A Georgia judge signed a new execution warrant the day after the Supreme Court balked.
The Atlanta court’s new stay of execution is an excellent and welcome development, but it is only conditional. Davis’s attorneys must prove his case meets the “stringent requirements” to pursue another round of appeals. The court will receive more briefs from Davis’s legal team and the prosecution in the coming weeks.
As the legal system ponders how it can maneuver to claim another innocent victim, it is time for Davis’s supporters and all progressive, anti-racist people to intensify the struggle to stop the execution. Justice can only be served if Davis gets a fair hearing, a full reprieve, and is allowed to go home to his family. Swelling the ranks of the movement to save Davis is paramount.
Stop the execution of Troy Davis!
