Troy Davis, a Georgia prisoner on death row, has been denied a new trial in the murder case against him.
CNN reports that a three-judge panel rejected Troy’s application for a new trial by a vote of 2-1.
Troy was convicted in 1991 of murder for allegedly killing an off-duty Savannah, Georgia cop, Mark MacPhail. He’s always insisted that he’s innocent of the crime, and seven out of nine witnesses against him have taken back their testimony. On top of that, another man has supposedly confessed to Mark’s murder.
Witnesses to the killing had said that Troy and two other men were bothering a homeless man at a Burger King when Mark stepped in to help. They claim that Troy then shot Mark twice and ran off. However, there’s no evidence connecting him to the shooting death.
Unfortunately, appeals judges said that none of those factors prove Troy’s innocence. "When we view all of this evidence as a whole, we cannot honestly say that Davis can establish by clear and convincing evidence that a jury would not have found him guilty of [Mark’s] murder," the court wrote.
"We are also unpersuaded by Davis’ suggestion that his claim of innocence has not been and never will be heard," the court stated. "As the record shows, both the state trial court and the Supreme Court of Georgia have painstakingly reviewed, and rejected, Davis’ claim of innocence."
Although Troy’s request for another trial was turned down, the panel did extend his stay of execution by 30 days. This allows him to file another petition for a new trial with the U.S. Supreme Court.
— Sonya Eskridge
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