Analysis Of Ruling Against Troy Davis

By Charles Edwards

Atlanta, GA – Lawyers for Georgia death row inmate Troy Anthony Davis say they plan to appeal a federal judge's ruling.

U.S. District Judge William Moore Wednesday ruled it's unconstitutional to execute an innocent person. However, Moore ruled Davis' lawyer failed to prove their client's innocence. Davis has been on death row for the murder of Savannah police officer Mark McPhail in 1989.

It's just the latest ruling in what has been a lengthy legal battle.

In June, Judge Moore held a special unprecedented hearing at the request of the U.S. Supreme Court. In the hearing, Davis' lawyers presented three types of evidence. They included alternative eyewitnesses and hearsay confession from someone who said he, not Troy Davis, shot and killed McPhail.

However, the third and biggest piece of evidence was recantation testimony. In other words, lawyers said 7 of the 9 witness who originally testified against Davis have changed their stories.
In his ruling, Judge Moore described his suspicions about the recantations.

"(He found) in many cases that it really wasn't a recantation at all and that Davis' lawyers had overemphasized the weight of the evidence that they had," said Page Pate; a criminal defense attorney and WABE's legal analyst. "For those few witnesses that Judge Moore believes actually recanted their testimony, he finds them generally to be not credible," said Pate.

Judge Moore's ruling is 172 pages long. However, Pate says the judge's conclusion boils it down to two basic parts.

"One, in the affirmative finding that there is a constitutional protection against executing the innocent. But (Judge Moore) finds that Mr. Davis has not proven that he was innocent and therefore is not entitled to any protection," said Pate.

Pate also suspects Davis is running out of legal options.

"I think there's not going to be another court that will entertain Davis' claim of actual innocence," said Pate. "I do believe the lawyers will take the case back to the United State Supreme Court."

Arnold and Porter, the law firm representing Davis, said it plans to appeal but did not say to which court. An employee at the firm said they are disappointment and respectfully disagree with Judge Moore's ruling. The firm says Troy Davis maintains his innocence.