Hearing for Troy Davis Moved

By: Andrew Davis
Friday, April 30, 2010

Troy Anthony Davis’s hearing to present his innocence claims in the 1989 slaying of off-duty Savannah police officer Mark Allen MacPhail has been rescheduled.

The 40 year old Davis is on death row at the Georgia Diagnostic and Classification Prison at Jackson for his 1991 conviction and death sentence in the MacPhail case.

According to the court, the state had filed a motion to reschedule due to a conflict concerning Beth Burton, the head of the state’s Capital Litigation section. 

Davis’s counsel also had a conflict with the June 30 date.

We let the court know that both the state and Davis’s counsel had no conflict with the week prior, and Friday afternoon Judge Moore entered an order rescheduling the hearing for June 23 at 10am.

MacPhail, 27, was shot twice early Aug. 19, 1989, as he rushed to help a homeless man being beaten in the parking lot of the Burger King restaurant and Greyhound Bus Terminal on Oglethorpe Avenue.

Davis’ attorneys say seven of the nine prosecution witnesses have recanted their testimony, creating sufficient doubt about the verdict, and that an innocent man may be executed. They also claim to have nine new witnesses not heard from at the first trial.

The state, represented by the Georgia attorney general’s office, contend the new evidence is simply rehashed argument already rejected by appellate courts.