WTOC, Savannah, Georgia, news, weather and sports | Davis family says they're not done fighting for Troy
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By Christy Hutchings - bio | email
SAVANNAH, GA (WTOC) - Martina Correia has spent years trying to prove her brother, Troy Anthony Davis, is not a killer. The courts convicted him of killing Savannah police officer Mark MacPhail back in 1989 and Davis' family has fought through the appeals process ever since.
The latest denial by the U.S. 11th Circuit Court of Appeals, "I am disgusted, I am saddened by it, but I'm not deterred in my determination to fight for my brother," said Correia about the decision. See: Troy Anthony Davis appeal denied
Correia says anybody in her shoes would do the same, "What would they do? Sit still and not fight?" asked Correia, "Of course not. So we're going to fight this, it's not right."
Correia says they have witnesses recanting the statements they gave investigators years ago and she says some judges agree.
"Over the years about ten judges have received Troy's case and in the last few years of those ten judges four of them have said this is unconscionable and two have said it's unconscionable and unconstitutional, so if those judges were Troy's jury Troy wouldn't be convicted because you would have a six to four split."
But appeals courts disagree. The three judges at the 11th circuit court of appeals reviewed the case, two denied Davis' lawyer's arguments, but the third wasn't so sure.
Not a unanimous decision, but Davis' appeal still fails.
Now the only thing left for the Davis family to do is to seek a petition to go before the U.S. Supreme Court, something they've already done before.
"When you convict someone there should be more than a reasonable doubt. In this there's more than a reasonable doubt and we're dealing with a life and death situation."
And time is ticking. Davis only has a thirty day stay of execution; then a Chatham County judge can sign a new death warrant, moving Troy Davis one step closer to execution and nearly out of appeals.
WTOC also spoke to Mark MacPhail's son, Mark MacPhail Junior, he said "We believe that justice will be served and the courts will do what they've done for the past twenty years and deny him and that justice will be done."
MacPhail goes on to say that he has no doubt in his mind Troy Davis is the one that killed his father.
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