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Convicted killer given 90-day stay of execution<br><br>
Georgia board rules day before scheduled death after witnesses
recant<br><br>
AP file<br><br>
Death-row inmate Troy Davis, 38, has acknowledged being at the scene of
a<br>
1989 shooting, but he has repeatedly denied any involvement in the
slaying<br>
of Savannah police officer Mark MacPhail. He insists his arrest was a
case<br>
of mistaken identity.<br><br>
ATLANTA - A man convicted of killing a police officer won a reprieve a
day<br>
before his scheduled execution, after his lawyers argued that
several<br>
witnesses had recanted or changed their testimony.<br><br>
The state Board of Pardons and Paroles on Monday granted a stay of<br>
execution of up to 90 days to Troy Davis, 38, who was convicted of
killing<br>
a Savannah police officer in 1989.<br><br>
He had faced a Tuesday execution date before the board’s decision,
which<br>
came after less than an hour of deliberation. The stay means the
execution<br>
will be on hold while the board weighs the evidence presented as part
of<br>
Davis’ request for clemency. The board must rule by Oct. 14.<br><br>
Earlier Monday, lawyers for Davis pleaded with the board during a<br>
closed-door hearing to grant their client a reprieve. Prosecutors
were<br>
then given a chance to rebut the clemency request.<br><br>
After the decision, defense lawyer Jason Ewart expressed relief. “We
are<br>
no longer under the gun, and we can present the rest of our
innocence<br>
case,” he said.<br><br>
The officer’s widow, Joan MacPhail, decried the ruling. “I believe
they<br>
are setting a precedent for all criminals that it is perfectly fine
to<br>
kill a cop and get away with it,” she said. “By making us wait, it’s<br>
another sock in the stomach. It’s tearing us up.”<br><br>
Also Monday, Davis’ lawyers filed an appeal with the state Supreme
Court.<br><br>
Prosecutor: 'The right man'<br>
During the parole hearing, Davis’ friends and relatives spoke in
support<br>
of the clemency petition, along with Rep. John Lewis, an Atlanta
Democrat<br>
and civil rights icon. Five witnesses who testified at the trial spoke
to<br>
the board on Davis’ behalf, Ewart said.<br><br>
Lewis did not speak to reporters after leaving the hearing, but he
did<br>
issue a copy of his prepared comments to the board.<br><br>
“I do not know if he is guilty of the charges of which he has been<br>
convicted,” Lewis told the board. “But I do know that nobody should be
put<br>
to death based on the evidence we now have in this case.”<br><br>
Prosecutors and the victim’s family have argued that Davis received a
fair<br>
trial and has had plenty of appeals, all of which failed.<br><br>
“I believe police did their job correctly and found the right man,”
the<br>
slain officer’s son, Mark MacPhail Jr., told reporters after his
family<br>
addressed the board.<br><br>
MacPhail said he told the board what it was like to grow up without
a<br>
father. The son, now 18, was less than 2 months old when his father
was<br>
killed.<br><br>
The elder MacPhail was shot twice after he rushed to help a homeless
man<br>
who had been assaulted. The Aug. 19, 1989, shooting happened in a
Burger<br>
King parking lot next to a bus station where MacPhail, 27, worked
off-duty<br>
as a security guard.<br><br>
Conflicting testimony<br>
Davis’ lawyers say seven witnesses have recanted or contradicted
their<br>
testimony that they saw Davis shoot the officer, saw him assault the<br>
homeless man or heard Davis confess to the slaying.<br><br>
Three people who did not testify have said in affidavits that another
man,<br>
Sylvester Coles, confessed to killing the officer after Davis was<br>
convicted. After the shooting, Coles identified Davis as the
killer.<br><br>
The Associated Press has been unable to locate Coles for comment,
and<br>
Ewart has declined to say whether he knows Coles’ whereabouts. Coles
was<br>
not at the parole board hearing Monday.<br><br>
Prosecutors argue that most of the witness affidavits, signed between
1996<br>
and 2003, were included in Davis’ previous appeals and should not be<br>
considered new evidence.<br><br>
Davis, in a telephone interview with The Associated Press from
prison,<br>
said last week that his arrest was a case of mistaken identity.<br><br>
“All I have to lean on is prayer that God will step in and correct
this<br>
wrong that was done,” he said.<br><br>
<br><br>
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