High court delays Ga. execution

Published: Sept. 23, 2008 at 7:44 PM

JACKSON, Ga., Sept. 23 (UPI) -- The U.S. Supreme Court Tuesday stepped in to temporarily stop the state of Georgia from executing a man convicted of killing a police officer 19 years ago.

The nation's highest court issued its stay of execution just hours before Troy Anthony Davis, 39, was to be put to death by lethal injection for the 1989 slaying of Savannah Police Officer Mark Allen MacPhail, The Atlanta Journal-Constitution reported.

Since Davis's 1991 trial, seven key prosecution witnesses have recanted. However, while the Georgia Board of Pardons and Paroles stayed his execution last year it refused to do so again Monday. The Georgia Supreme Court also declined, the newspaper said.

Courts have ruled there was not enough new evidence to say Davis had received an unfair trial. But supporters say prosecution witnesses were unreliable.

While the Davis family rejoiced at the news, Annelie Reaves, MacPhail's sister, said the victim's family was furious, the Journal-Constitution reported.

"It should have happened today," she said, "but justice will be served."

U.S. Supreme Court justices are to meet Monday to decide whether to hear his case. The high court said if the justices decline, "this stay shall terminate automatically."

The Rev. Al Sharpton said Davis told him he feels "blessed" by the stay.

"With God, all things are possible," Sharpton quoted Davis as saying.

© 2008 United Press International, Inc. All Rights Reserved.
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