Troy Anthony Davis

Troy Davis, Death Row Inmate, Can Present Evidence That Could Prove His Innocence, Says Supreme Court

By Jake on

HeTroy Davis will be given the chance to present evidence he says will clear him of the murder of a Savannah police officer. Troy Anthony Davis, a Georgia death row inmate awaiting execution for the murder of a police officer in 1989, has been granted the opportunity to present evidence in court he says will clear him, thanks to a decision by the Supreme Court. It was the last chance for Davis before his execution would have moved forward.

In their decision, the Supreme Court ordered a federal judge to "receive testimony and findings of fact as to whether evidence that could not have been obtained at the time of trial clearly establishes [Davis’] innocence.” Seven of the nine witnesses in Davis' 1991 trial have recanted their testimony. David has always maintained his innocence.

In the dissenting opinion, Judge Anton Scalia said allowing Davis to present evidence was "a fool’s errand. [...] I truly do not see how the district court can discern what is expected of it.” In response, Justice John Paul Stevens writes that now allowing a man to present evidence of innocence before being executed would be "an atrocious violation of our Constitution and the principles upon which it is based.”

Stevens goes on to write, "Imagine a petitioner in Davis’ situation who possesses new evidence conclusively and definitively proving, beyond any scintilla of doubt, that he is an innocent man. The dissent’s reasoning would allow such a petitioner to be put to death nonetheless.”