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August 17, 2009
Justices grant Georgia inmate's request to delay execution
Posted: 12:25 PM ET
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Troy Davis has always maintained his innocence in the 1989 killing of Officer Mark MacPhail.
Troy Davis has always maintained his innocence in the 1989 killing of Officer Mark MacPhail.

Bill Mears
CNN Supreme Court Producer

The Supreme Court has granted a condemned Georgia inmate's request that his execution be delayed as he attempts to prove his innocence.

The inmate, Troy Davis, has gained international support for his long-standing claim that he did not murder a Savannah police officer nearly two decades ago.

Justice John Paul Stevens on Monday ordered a federal judge to "receive testimony and make findings of fact as to whether evidence that could not have been obtained at trial clearly establishes petitioner's innocence."

Justices Ruth Bader Ginsburg and Stephen Breyer supported the decision. Sonia Sotomayor, who was sworn in August 8 as the newest member of the high court, did not take part in the petition.

Davis' case has had a dramatic series of ups and downs in the past year. He was granted a stay of execution by the Supreme Court two hours before he was to be put to death last fall.

A month later, the justices reversed course and allowed the execution to proceed, but a federal appeals court then issued another stay.

The high court's latest ruling means Davis will continue to sit on death row.

Stevens said the risk of putting a potentially innocent man to death "provides adequate justification" for another evidentiary hearing.

His supporters in June delivered petitions bearing about 60,000 signatures to Chatham County, Georgia, District Attorney Larry Chisolm, calling for a new trial. Chisolm is the county's first African-American district attorney. Davis is also African-American.

Davis has always maintained his innocence in the 1989 killing of Officer Mark MacPhail. Witnesses said Davis, then 19, and two others were harassing a homeless man in a Burger King restaurant parking lot when the off-duty officer arrived to help the man. Witnesses testified at trial that Davis then shot MacPhail twice and fled.

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3 Comments
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3 Comments
Cindy   August 17th, 2009 12:59 pm ET

Every person on death row swears up and down that they are innocent. Shoot even ones that have mounds of evidence against them still claim it. So the fact that Troy claims it isn't a shocker.

The witnesses have recanted because Troy was part of a gang and they have harassed and bullied them into it. Would that many people actually lie all together and tell the police the exact same story as to what they saw? I doubt it very seriously. Plus he admitted to his girlfriend at the time that he did shoot the policeman.

You do the crime you have to suffer the consequences.

Cindy..Ga.

Rose from Muscoy, Calif   August 17th, 2009 1:31 pm ET

Thank GOD for the justices of the SUPREME COURT OF THE UNITED STATES! Equal Justice under LAW!

Annie Kate   August 17th, 2009 2:33 pm ET

Since there is no direct evidence linking Mr. Davis to the crime then another evidentiary hearing does not sound out of place – especially if 7 out of 9 of the eye witnesses have recanted. I wonder just why they recanted though and why did they wait so long? I'd hate to see an innocent man executed for a murder he didn't commit and 7 out of 9 witnesses recanting their testimony may be all he needs to be released. I just wonder why they testified against him in the first place if he didn't do it – what has changed to make them change their testimony??

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