September 21, 2011 in News, Nation/World

Georgia executes Troy Davis

Greg Bluestein Associated Press

Tags:executionGeorgiaMark MacPhailTroy Davis

Georgia Department Of Correction photo

FILE - This undated file photo provided by the Georgia Department of Corrections shows death row inmate Troy Davis. Georgia’s pardons board on Tuesday, Sept. 20, 2011, rejected clemency for Davis despite high-profile support for his claim that he was wrongly convicted of killing MacPhail in 1989. Davis is set to die on Wednesday, Sept. 21. It is the fourth time in four years his execution has been scheduled by Georgia officials.
(Full-size photo)

JACKSON, Ga. (AP) — Georgia executed Troy Davis on tonight for the murder of an off-duty police officer, a crime he denied committing right to the end as supporters around the world mourned and declared that an innocent man was put to death.

Defiant to the end, he told relatives of Mark MacPhail that his 1989 slaying was not his fault. “I did not have a gun,” he insisted.

“For those about to take my life,” he told prison officials, “may God have mercy on your souls. May God bless your souls.”

Davis was declared dead at 11:08. The lethal injection began about 15 minutes earlier, after the Supreme Court rejected an 11th-hour request for a stay.

The court did not comment on its order, which came about four hours after it received the request and more than three hours after the planned execution time.

Though Davis’ attorneys said seven of nine key witnesses against him disputed all or parts of their testimony, state and federal judges repeatedly ruled against granting him a new trial. As the court losses piled up Wednesday, his offer to take a polygraph test was rejected and the pardons board refused to give him one more hearing.

Davis’ supporters staged vigils in the U.S. and Europe, declaring “I am Troy Davis” on signs, T-shirts and the Internet. Some tried increasingly frenzied measures, urging prison workers to stay home and even posting a judge’s phone number online, hoping people will press him to put a stop to the lethal injection. President Barack Obama deflected calls for him to get involved.

“They say death row; we say hell no!” protesters shouted outside the Jackson prison where Davis was to be executed. In Washington, a crowd outside the Supreme Court yelled the same chant.

As many as 700 demonstrators gathered outside the prison as a few dozen riot police stood watch, but the crowd thinned as the night wore on and the outcome became clear. The scene turned eerily quiet as word of the high court’s decision spread, with demonstrators hugging, crying, praying, holding candles and gathering around Davis’ family.

Laura Moye of Amnesty International said the execution would be “the best argument for abolishing the death penalty.”

“The state of Georgia is about to demonstrate why government can’t be trusted with the power over life and death,” she said.

About 10 counterdemonstrators also were outside the prison, showing support for the death penalty and the family of Mark MacPhail, the man Davis was convicted of killing in 1989. MacPhail’s son and brother attended the execution.

“He had all the chances in the world,” his mother, Anneliese MacPhail, said of Davis in a telephone interview. “It has got to come to an end.”

At a Paris rally, many of the roughly 150 demonstrators carried signs emblazoned with Davis’ face. “Everyone who looks a little bit at the case knows that there is too much doubt to execute him,” Nicolas Krameyer of Amnesty International said at the protest.

Davis’ execution has been stopped three times since 2007, but on Wednesday the 42-year-old ran out of legal options.

As his last hours ticked away, an upbeat and prayerful Davis turned down an offer for a special last meal as he met with friends, family and supporters.

“Troy Davis has impacted the world,” his sister Martina Correia said at a news conference. “They say, ‘I am Troy Davis,’ in languages he can’t speak.”

His attorney Stephen Marsh said Davis would have spent part of Wednesday taking a polygraph test if pardons officials had taken his offer seriously.

“He doesn’t want to spend three hours away from his family on what could be the last day of his life if it won’t make any difference,” Marsh said.

Amnesty International says nearly 1 million people have signed a petition on Davis’ behalf. His supporters include former President Jimmy Carter, Pope Benedict XVI, a former FBI director, the NAACP, several conservative figures and many celebrities, including hip-hop star Sean “P. Diddy” Combs.

“I’m trying to bring the word to the young people: There is too much doubt,” rapper Big Boi, of the Atlanta-based group Outkast, said at a church near the prison.

The U.S. Supreme Court gave Davis an unusual opportunity to prove his innocence in a lower court last year, though the high court itself did not hear the merits of the case.

He was convicted in 1991 of killing MacPhail, who was working as a security guard at the time. MacPhail rushed to the aid of a homeless man who prosecutors said Davis was bashing with a handgun after asking him for a beer. Prosecutors said Davis had a smirk on his face as he shot the officer to death in a Burger King parking lot in Savannah.

No gun was ever found, but prosecutors say shell casings were linked to an earlier shooting for which Davis was convicted.

Witnesses placed Davis at the crime scene and identified him as the shooter, but several of them have recanted their accounts and some jurors have said they’ve changed their minds about his guilt. Others have claimed a man who was with Davis that night has told people he actually shot the officer.

“Such incredibly flawed eyewitness testimony should never be the basis for an execution,” Marsh said. “To execute someone under these circumstances would be unconscionable.”

State and federal courts, however, have repeatedly upheld Davis’ conviction. One federal judge dismissed the evidence advanced by Davis’ lawyers as “largely smoke and mirrors.”

“He has had ample time to prove his innocence,” said MacPhail’s widow, Joan MacPhail-Harris. “And he is not innocent.”

The last motion filed by Davis’ attorneys in Butts County Court challenged testimony from two witnesses and disputed testimony from the expert who linked the shell casings to the earlier shooting involving Davis. Superior Court Judge Thomas Wilson and the Georgia Supreme Court rejected the appeal, and prosecutors said the filing was just a delay tactic.

The National Association for the Advancement of Colored People, which helped lead the charge to stop the execution, said it considered asking Obama to intervene, even though he cannot grant Davis clemency for a state conviction.

Press secretary Jay Carney issued a statement saying that although Obama “has worked to ensure accuracy and fairness in the criminal justice system,” it was not appropriate for him “to weigh in on specific cases like this one, which is a state prosecution.”

Dozens of protesters outside the White House called on the president to step in, and about 12 were arrested for disobeying police orders.

Davis was not the only U.S. inmate put to death Wednesday evening. In Texas, white supremacist gang member Lawrence Russell Brewer was put to death for the 1998 dragging death of a black man, James Byrd Jr., one of the most notorious hate crime murders in recent U.S. history.

Davis’ best chance may have come last year, in a hearing ordered by the U.S. Supreme Court. It was the first time in 50 years that justices had considered a request to grant a new trial for a death row inmate.

The high court set a tough standard for Davis to exonerate himself, ruling that his attorneys must “clearly establish” Davis’ innocence — a higher bar to meet than prosecutors having to prove guilt. After the hearing judge ruled in prosecutors’ favor, the justices didn’t take up the case.

The execution drew widespread criticism in Europe, where politicians and activists made last-minute pleas for a stay.

Spencer Lawton, the district attorney who secured Davis’ conviction in 1991, said he was embarrassed for the judicial system — not because of the execution, but because it took so long to carry out.

“What we have had is a manufactured appearance of doubt which has taken on the quality of legitimate doubt itself. And all of it is exquisitely unfair,” said Lawton, who retired as Chatham County’s head prosecutor in 2008. “The good news is we live in a civilized society where questions like this are decided based on fact in open and transparent courts of law, and not on street corners.”

Associated Press reporters Russ Bynum in Savannah, Kate Brumback and Marina Hutchinson in Jackson, Eric Tucker and Erica Werner in Washington and Sohrab Monemi in Paris contributed to this report.

13 comments on this story so far. Add yours!

misjustice on September 21 at 4:17 p.m.
As I write this, it is highly likely that the state of Georgia has already murdered this innocent man. May gawd have mercy on them…for I have none.
tobiasg on September 21 at 4:41 p.m.
If not innocent, there is more than just a shadow of doubt. Some will say he shot a man using the same gun at a party earlier in the evening where Davis was the only one of the later suspects in attendance, however, many of the witnesses who testified against him now claim that one of the two remaining witnesses who stick to their original testimony is in fact the shooter. There is no DNA evidence linking Davis as the killer, though I have heard a pair of his shorts had blood on them which were not allowed to be used at trial. I also heard Davis fled to Atlanta following the killing…that is purely suspicious but is not an overwhelming proof of guilt.
No matter what, without enough evidence, the state of Georgia may well have killed an innocent man.
straightshooter on September 21 at 7:29 p.m.
It’s very simple, sort of. No DNA, no death penalty.
mmspowaus on September 21 at 7:39 p.m.
What about clear VHS evidence but no DNA evidence?
I believe when the evidence is irrefutable, send the murderers to the head of the line and execute them within a year…
liberal_in_right_wing_land on September 21 at 9:03 p.m.
This is yet another disgusting display of our justice system. There is way to many things about this case that warranted this execution being stopped, not the least of which is there is a guy walking around bragging about this murder and how he got away with it. Even die hard conservative congressmen from Georgia were against this execution, but unfortunately they had no power to stop it. Love these red states that are so intent on killing people even if they made a mistake.
I am one of the few liberals in favor of the death penalty, but this makes me seriously question it.
woamike on September 21 at 9:34 p.m.
Another guilty as hell, convicted killer bites the dust. As usual, the bleeding heart liberal peanut galley, grasping at straws, believing anything an anti-death penalty source writes, comes to his defense.
If you guys would stop cherry-picking the much hyped so-called evidence to the contrary, you’d agree w/ the jury (majority black, btw) that convicted him and the rulings of the NUMEROUS appellate reviews of his case and appeals. Don’t be so gullible. . .
Unfortunately, it took 22 years and probably a few million $$ to serve justice on this killer. I’m for the Death Penalty in certain heinous cases, but we’ve got to get a handle on how much time/money it takes to carry out sentence. 22 years is ridiculous.
Hunterman on September 21 at 9:39 p.m.
Can you imagine a ‘christian’ telling St Peter “I did not have mercy on a man and put him to death even though there was some doubt as to his guilt?” and expect to be allowed into heaven?
Fast track to hell!
nslopeofw on September 21 at 9:43 p.m.
Too bad you all were not privy to all the info, then perhaps you could explain how a jury of his peers (over 50% AA) convicted him. The only reason this was not a cut and dried case was because the shorts were not admissible on a technicality. So basically, you are all basing your opinions without ALL of the evidence.
liberal_in_right_wing_land on September 21 at 10:00 p.m.
Some above posters seem to neglect that 7 of the 9 witnesses have changed there stories and said they were forced and intimidated to say this man killed him in their original testimony. Also forget to neglect there is NO DNA evidence connecting this guy to the crime. Even family members of the cop who was killed have said at the very least there should be a new trail with all the new evidence that has come forth. And of course the most damning thing, THERE IS A GUY WALKING AROUND FREE BRAGGING HE DID THE KILLING.
Also, Bob Barr, the very, very, VERY, VERY conservative, very, very, very, very pro death penalty, very, very, very, very christian congressman from Georgia was saying this execution should have been given a stay. Is he also a bleeding heart liberal grasping at straws believing anything an anti-death penalty source writes, comes to his defense…..huh woamike?
Oh yeah, you christian righties, even the Pope was against this.
So yeah, go on bashing the liberals for something that people from BOTH parties and from around the world and from every religion was against.
nslopeofw on September 21 at 10:18 p.m.
A.) I’m not a Christian, so you lose there.
B.) The physical evidence was “inadmissible”, therefore, the only physical piece of evidence linking him to the victim (other than eyewitness) wasnt allowed.
C.) The people with the most damning testimony against him were the ones at the murder scene.
D.)You dont have all the facts, your just spouting liberal rhetoric.
tobiasg on September 21 at 10:25 p.m.
nslopeofw would like to be judge, jury and executioner.
If the shorts are inadmissible, then they are not brought into evidence for trial. The jury based their conviction on the testimony of witnesses, 7 of the 9 have changed their story. nslopeofw would take the word of two people (one of whom is alleged to be the real gunman) and kill a man who may or may not be guilty.
It is not my place to say whether anyone should die, especially when there is no overwhelming evidence. Life in prison? Perhaps, but killing someone on a not-so clean cut case is just not civilized to me.
woamike on September 21 at 11:24 p.m.
Only 9 witnesses for the prosecution??? No, try 34. Yes, 7 of 9 (why only 9???), modified their testimony. But only 2 of the 7 changed their testimony in any material way. And, the defense would not allow those two to testify under oath regarding their changed testimony. Why??
3 of those that changed their testimony were friends of the accused. Especially noteworthy is the testimony of 3 eye-witnesses who watched Davis kill the off-duty cop. They did NOT change their testimonies. Those 3 were Air Force personnel who also happened to be black. Are you saying the changed testimony of the accused’s friends is more credible than the 3 Air Force guys???
You are sticking up for the wrong guy.
TheRoyLarsen on September 22 at 6:14 a.m.
What would Lewis do?