By Bill Rankin
The Atlanta Journal-Constitution
ATLANTA, Ga. — Death-row inmate Troy Anthony Davis on Tuesday will file a last-ditch appeal to the U.S. Supreme Court, the final court that can consider whether Davis killed a Savannah police officer 20 years ago.
Davis’ attorneys asked the high court to send their client’s case back to a federal judge for an evidentiary hearing on Davis’ innocence claims.
“Davis’ new evidence eviscerates the state’s case against him,” the filing says. “Despite substantial new evidence of his innocence, no court has ever held a hearing to assess the scores of new witnesses that show Mr. Davis is innocent.”
Davis, 40, sits on death row for the killing of off-duty Officer Mark Allen MacPhail. The 27-year-old former Army ranger was shot three times before he could draw his weapon.
Since Davis’ 1991 trial, seven of nine state witnesses have recanted their testimony and other witnesses have implicated Sylvester “Redd” Coles as the shooter. Coles was at the scene and was the first person to implicate Davis in the shooting.
Davis will file a petition for a writ of habeas corpus directly to the Supreme Court.
“This is the last court we can go to,” Jason Ewart, one of Davis’ attorneys, said.
Davis’ innocence claims have attracted worldwide attention. Former President Jimmy Carter and Pope Benedict XVI have asked that Davis be spared death by lethal injection. Amnesty International is holding another rally on Davis’ behalf this afternoon at the state Capitol.
Chatham County prosecutors have long expressed confidence that Davis was the triggerman.
Copyright 2009 The Atlanta Journal-Constitution