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High court to rule whether convicted so-called cop killer, Troy Davis, dies

By By Rusty Dornin and Eliott C. McLaughlin  Posted by Stephen Fox (about the submitter)       (Page 1 of 3 pages)     Permalink

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  • NEW: Officer's mother says of Davis: "There is no possibility he's innocent"
  • NEW: Davis refuses his final meal; execution was scheduled for 7 p.m. ET
  • Davis' attorneys allege mistaken identity, say witnesses have recanted
  • Supreme Court to rule in a special hearing hours before scheduled execution

Troy Anthony Davis has long said he didn't kill a Savannah, Georgia, police officer, and the U.S. Supreme Court will decide Tuesday whether to postpone his 7 p.m. ET execution.

Troy Anthony Davis, 39, says he did not kill a Georgia police officer; he is to die Tuesday. 

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Davis, 39, was convicted in 1991 of killing Officer Mark MacPhail as MacPhail responded to an altercation in a Burger King parking lot.

Seven of nine witnesses who initially testified that Davis was the killer have recanted. There was no physical evidence presented at his trial, and no weapon was found.

But Davis' petitions for a new trial have been denied.

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If Davis is executed by lethal injection, he will be the 43rd inmate put to death by the state since 1973.

On Tuesday, Davis refused his last meal, according to the Georgia Department of Corrections, which will still provide him with macaroni and cheese, pinto beans, green beans, lettuce and tomato salad, corn bread, fruit cobbler and tea.

Many have asked Georgia to grant Davis a new trial: celebrities like Susan Sarandon, Harry Belafonte and the Indigo Girls; world leaders such as former President Carter, Archbishop Desmond Tutu and Pope Benedict XVI; and former and current U.S. lawmakers like Bob Barr, Carolyn Moseley Braun and John Lewis.

Amnesty International has issued a 39-page report questioning his conviction, and protesters have been gathering at the Georgia Capitol in Atlanta this week. Davis is scheduled to be executed at the Georgia Diagnostic and Classification Prison in Jackson.

MacPhail's mother, Anneliese MacPhail of Columbus, said last week that she is "disgusted" by the calls to spare Davis' life and is not convinced by Davis' supporters' claims that there is a more likely suspect.

On Tuesday, Anneliese MacPhail said, "There is no possibility he's innocent, not according to what's been said in court.

"Troy Davis was judged by his peers. All the courts have found him guilty. It was proven he was guilty. Please let us have some peace. Let Mark rest in peace. Let justice be done," she said.

Davis' sister, Martina Correia, said she was sleepless Monday night and was spending Tuesday at his side. She said she planned to stay until prison officials told her to leave at 3 p.m.

"We are still holding on to hope," she said Tuesday morning. "We still hope the U.S. Supreme Court will look into my brother's case and give some relief. We will have a lot of family time with him and recall old times and pray together."

The Georgia Supreme Court turned down the plea for a stay in Davis' execution Monday, saying the U.S. Supreme Court "properly has jurisdiction over Davis' pending petition."

The Supreme Court called an emergency session to hear the petition.

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