Families wait for decision in Troy Davis case - CBS46 News

Families wait for decision in Troy Davis case

Posted: Updated:
ATLANTA (CBS46) -

The families of death row inmate Troy Davis and the man he was convicted of killing, Mark MacPhail, awaited a decision from the Georgia Board of Parole and Pardons Monday night on Davis' fate.

As of late Monday night, the board indicated there would be no decision until Tuesday at the earliest.  Defense attorneys and the victim's family both said they were cautiously optimistic the five-member panel would side with them.

Late Monday night, Davis' older sister, Martina Davis-Correia said she is hopeful they will spare his life.

"I have time to get on my knees and pray and ask God for strength and guidance and for the best outcome that we can expect. In this case there's always been so much doubt and when you're talking about someone's life, we understand that you know when there's so much doubt, you can't kill someone," said Davis-Correia.

Davis, 42, has long claimed he's innocent of killing Mark MacPhail, and the questions surrounding his case have attracted a host of high-profile supporters. After decades of legal wrangling, Davis is set to be put to death by lethal injection Wednesday, the fourth time in four years the state has tried to execute him.

Inside the closed-door meeting, a parade of attorneys and supporters asked the board to spare Davis' life. Defense attorney Stephen Marsh said the legal team told the board there was too much substantial doubt about his guilt to allow the execution to go forward.

Prosecutors and MacPhail's family presented their case on Monday afternoon.

"A future was taken from me, not just my father's future, a future we would have had together, the future he would have had with his family," said a tearful Madison MacPhail, who was a toddler when her father was killed. "I believe the death penalty is the correct source of justice."

"We have lived this for 22 years," said MacPhail's widow Joan McPhail-Harris. "We know what the truth is and for someone to ludicrously say that he is a victim, we are victims. Look at us. We've put up with stuff for 22 years and its time for justice today. What a travesty it would be if they don't uphold the death penalty sentence."

"My father was the victim," said Mark McPhail, Jr. "My father did not get a chance to say his bit. He was taken from us too soon, too early. There was no one there to protect him."

Outside the hearing, dozens of Davis' supporters hoisted a massive "Save Troy Davis" sign and formed a makeshift drum line at one entrance to the building. At another entrance, other supporters were holding a somber prayer vigil on his behalf.

Davis has captured worldwide attention because of the doubt his supporters have raised over whether he killed MacPhail, who was shot to death while rushing to help a homeless man who had been attacked. Several of the witnesses who helped convict him at his 1991 trial have backed off their testimony or recanted. Others who did not testify say another man at the scene admitted to the shooting.

The U.S. Supreme Court even granted Davis a hearing to prove his innocence, the first time it had done so for a death row inmate in at least 50 years. The high court set up a hearing, but Davis couldn't convince a lower federal judge to grant him a new trial. The Supreme Court did not review his case. Federal appeals courts and the Georgia Supreme Court have upheld his conviction, leaving the parole board as his last chance.

The pardons board in 2007 decided to delay Davis' execution for 90 days to grant the courts more time to review the case. A year later, it denied clemency and allowed his execution to go forward. Since then, though, three new members have been appointed.

"We are hopeful this tremendous outpouring of support will demonstrate there's such a huge concern about this case, and that this message will resonate with them," said Laura Moye of Amnesty International, who delivered thousands of petitions in support of Davis to the board last week. "The very reputation and faith that this public has in its justice system is on the line."

Among those who support Davis' clemency request are former president Jimmy Carter and Pope Benedict XVI. A host of conservative figures have also advocated on his behalf, including

former U.S. Rep. Bob Barr, ex-Justice Department official Larry Thompson and one-time FBI Director William Sessions.

The board, which meets in a closed-door session, heard hours of testimony from Davis' legal team and witnesses, although Davis himself did not appear.

Quiana Glover spoke in favor of Davis. She said she was at a friend's house in June 2009 when another man told her he killed MacPhail, and Brenda Forrest, a juror who helped convict him in

1991 but is now having second thoughts.

"I feel, emphatically, that Mr. Davis cannot be executed under these circumstances," Forrest said in an affidavit presented to the board.

The Rev. Raphael Warnock, a Davis supporter who spoke at the hearing, said the board was attentive and inquisitive, peppering the speakers with questions. But he said it's too hard to predict how the panel will decide.

"It's a very difficult place to be. A man's life hangs in the balance," he said. "But we were very clear that an execution should not take place."

Two of the panel's five members have already reviewed the case several times: Gale Buckner, a former Georgia Bureau of Investigation agent, and Robert Keller, the ex-chair of a Georgia

prosecutors group. The other three have been appointed to the board since 2009. They are: James Donald, the former head of the Georgia Department of Corrections, Albert Murray, who led the state's juvenile justice program, and Terry Barnard, a former Republican state lawmaker.

MacPhail was shot to death Aug. 19, 1989 after rushing to help Larry Young, a homeless man who was pistol-whipped in a Burger King parking lot. Prosecutors say Davis was with another man who was demanding that Young give him a beer when Davis pulled out a handgun and bashed Young with it. When MacPhail arrived to help, they say Davis had a smirk on his face when he shot the officer to death.

The case prompted the Supreme Court to order the nearly unprecedented innocence hearing. In June 2010, U.S. District Judge William T. Moore Jr. heard from two witnesses who said they falsely incriminated Davis and from two others who said another man had confessed to being the actual killer.

Moore said the evidence cast some additional doubt on Davis' conviction, but that it was "largely smoke and mirrors" and not enough to vindicate Davis or grant him a new trial.

In a 60-page petition to the board, Davis' legal team contends argue that a string of court rulings that upheld his conviction largely failed to address his innocence claims.

"The courts have determined that Mr. Davis's conviction was constitutional," the petition said. "That does not mean it was correct."

Prosecutors have stood by their case through the years. They say ballistics evidence links Davis to the shooting and that many of the concerns about witness testimony were raised during the trial. The allegations that someone else later confessed to the shooting, they say, are inconsistent and inadmissible in court.

And MacPhail's relatives say there's no question that prosecutors charged the right person.

"They heard the truth -- which is the most important part. I believe they will rule in our favor," said MacPhail's widow, Joan MacPhail-Harris. "He had ample time to prove his innocence and he failed."

"Troy Davis doesn't seem to have any legal appeals or avenues left to him," said Moye of Amnesty International USA. "So the board has a very heavy responsibility because they really are the final stop."

Several anti-death penalty groups gathered Sunday for a 24-hour vigil for Davis. After the vigil, some supporters began a more vocal rally on the sidewalk in front of the Sloppy Floyd building in downtown Atlanta, which houses the parole board.

"Because there are new board members, because there is additional witness testimony, there's an opportunity for this board to look at this case afresh," said Moye.

"This is a particularly unique case," said Edward DuBose, Georgia's NAACP president. "We believe that Troy Davis is innocent, and we believe that if this state is prepared to execute Troy Davis, they will be executing an innocent man."

Campaign to End the Death Penalty, Open Door Community and the International Socialist Organization also participated.

The Board can grant clemency and commute the death sentence to life without parole, life with the possibility of parole or deny clemency, or issue a stay to further consider the case.

Copyright 2011 WGCL-TV. All rights reserved. The Associated Press contributed to this report.