Update on Troy Anthony Davis Case

In previous blog posts, I have discussed the case of Troy Anthony Davis, a Savannah man convicted of murdering a police officer in 1989.   Mr. Davis current sits on Georgia’s death row, while attorneys pursue all available remedies.

Davis’ current (and possibly final) appeal rests in the United States Supreme Court.  On June 29, 2009, however, the Supreme Court concluded its 2008-2009 session without making any decision on Mr. Davis’ petition for habeas corpus.   A petition for habeas corpus is a demand for extraordinary relief and is used in a criminal matter when a defendant contends that he has been denied due process by lower courts.

At this point, Mr. Davis is asking the Supreme Court to set into motion a process whereby he would end up with a new trial on the evidence.  He contends, among other issues, that since the original trial the eyewitnesses to testified against him in the original trial have recanted, and that other witnesses, previously unknown, were now available to testify.

In addition the Georgia Resource Center, which provided legal help for Mr. Davis (as well as for other indigent defendants) found its budget and staff cut, thereby reducing its effectiveness in presenting Mr. Davis’ case.

Davis’ plight has also garnered the attention of activists and celebrities throughout the world who are voicing support for a new trial.

It appears to me that at this point, Mr. Davis’ biggest  hurdle may be procedural.  One one hand, there seems to be a visceral reaction in the minds of even casual observers that when a man’s life is at stake, a court system should not put form over substance by denying a defendant his day in court on the basis of procedure.

On the other hand, prosecutors and many others argue that there must be rules regarding the finality of trials and appeals.  Civil and criminal courts are all subject to rules of evidence.  At some point both prosecutors and defense lawyers must present their best cases, recognizing that there is always new evidence or arguments not made.

My guess here is that the Supreme Court will decide that Mr. Davis should be given another opportunity to present evidence to disprove the State’s allegations of guilt.   This case has become something more than a murder trial – instead it has become a symbol of American criminal jurisprudence, and I think that the Supreme Court justices will incorporate this factor into their ruling this coming fall.

If a new trial does happen it will be interesting to see how a new jury evaluates the witnesses and their changing stories.   Given the political dimension of how this case has evolved, we will probably never know exactly what happened that early morning in Savannah, Georgia in 1989.