Death Row Inmate Troy Davis Evidentiary Hearing Set

By Rose Scott

Atlanta, GA –
Long time advocates for Georgia death row inmate Troy Davis say they are hopeful a new hearing will help prove Davis' innocence.
Next week (before a federal district court in Savannah)
an evidentiary hearing will take place in which both sides will have an opportunity to present any new evidence.
WABE's Rose Scott reports the ruling will have significant impact on how the U.S Supreme Court could rule:

It's a hearing that's historic because the U.S Supreme Court has never ordered an evidentiary hearing for a death row case.
This gives state prosecutors and Davis' defense team a chance to call witnesses, introduce new evidence and cross examine.

Dr. Anne Manuel serves as Amnesty International's legal analyst regarding the Troy Davis case. The group is supporting Davis.
She says after years of legal proceedings, it's come down to convincing the judge about a violation of the constitution.
Dr. Manuel says at issue is whether or not a death penalty defendant can raise a freestanding claim of actual innocence because execution of an innocent person within and of itself is a violation of the constitution.

The executive director of Amnesty International USA, Larry Cox thinks it can.
He believes the Supreme Court's order favors Davis and adds, "clearly the nation's highest court is uncomfortable allowing Davis' execution to go forward without some serious scrutiny."

But WABE legal analyst Page Pate says there's a 1996 law, which prohibits a prisoner from raising a claim of actual innocence as a constitutional violation:

According to Pate, "what the district court is going to have to do is basically answer two questions; number one is there sufficient evidence that Troy Davis is innocent and if so what do I do about, can I get around this 1996 law or do I have to suggest that it is unconstitutional as it is written."

Pate believes Davis' lawyers must provide sufficient evidence that would show Davis is innocent.
Pate adds it's highly likely Davis' lawyers will present affidavits from witnesses who have recanted their original testimony.

That type of evidence could help judge (William T. Moore) decide that he should have another opportunity to have his appeal considered because it's much easier to find this 1996 law unconstitutional if you have a very strong claim of actual innocence.

Davis has been on death row for 19 years and has faced 3 execution dates.
He was convicted in 1991 of murdering Savannah police officer Mark Allen MacPhail.