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This undated photo released by the Georgia Department of Corrections shows death-row inmate Troy Davis. More than 17 years after Davis was convicted of gunning down a Savannah, Ga. police officer, supporters say disturbing questions remain about his guilt. Still, unless the courts intervene, Davis is facing execution Tuesday night, September 23, 2008. (AP Photo/Georgia Department of Corrections)

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Ga. officer's family angered by execution delay

By GREG BLUESTEIN 18 hours ago

ATLANTA (AP) After a Georgia inmate convicted of murdering a police officer was spared from execution a second time, the condemned man's widely publicized supporters erupted in joy. But far from television cameras, the victim's family seethed.

"My son is dead. Theirs is still alive," said Anneliese MacPhail, the officer's mother. "That's just the way I feel."

Arm-in-arm with the Rev. Al Sharpton, Troy Davis' exultant family and a busload of supporters sang, wept and prayed Tuesday when they learned he was granted a temporary reprieve from the U.S. Supreme Court just hours before he was to be executed.

It was the second time he had been spared and, for Davis' family, another opportunity to proclaim his innocence and press for a new trial. The execution will be delayed for at least a couple of weeks. The court is scheduled to review Davis' appeal at a private conference on Monday.

Away from the spotlight was the grieving family of Mark MacPhail, who was shot and killed in 1989 while moonlighting as a security guard at a Savannah bus station. He rushed to help a homeless man who had been pistol-whipped and was shot twice when he approached Davis and two other men.

Embittered by delays and legal maneuvering, the family was devastated by Tuesday's reprieve.

"I'm furious, disgusted and disappointed," Anneliese MacPhail said. "I want this over with. This has been hanging over us for 19 years."

Davis was convicted in 1991, after prosecutors at his trial said he approached McPhail with a "smirk on his face" as he fired the gun. But seven of the nine key witnesses who helped put Davis on death row have since recanted their statements. Three other people have said one of the witnesses who testified at Davis' trial later confessed to killing the officer.

The fresh doubts, coupled with Davis' claims of innocence, have drawn support from high-profile leaders like President Jimmy Carter and South Africa Archbishop Desmond Tutu. Amnesty International has organized protests as far away as Paris, and Sharpton has helped lead rallies calling for a new trial.

Amid the concerns, the state pardons board postponed Davis' execution in July 2007 less than 24 hours before it was to occur. The courts have since thoroughly vetted the case.

A divided Georgia Supreme Court this year has twice rejected his request for a new trial, and the pardons board turned down his bid for clemency this month after considering the case again.

The U.S. Supreme Court issued its last-minute stay Tuesday night after Davis had already turned down his last meal and prepared his final statement.

For MacPhail's family, the lengthy appeals process has been excruciating.

"If I saw him, I'd punch him in the face," the victim's mother said of Davis. "I am angry at the whole family. I don't know how they have such a following."

Mark MacPhail was an Army Ranger for almost six years before he and his wife decided to settle down and he became a police officer in Savannah.

To his 74-year-old mother, who sat through the trial and becomes livid when she talks about the case, there's no question that Davis pulled the trigger.

"I don't think there will ever be closure. There's a hole in our heart that will never be healed," she said. "But we just want Mark to rest in peace. And we want to live now. We have just been existing all these years, waiting for the next shoe to drop.

"When it's over, justice has been done. That's the way we feel."

1. News results for TROY DAVis georgia
   
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   Ga. officer's family angered by execution delay - 18 hours ago
   

   ATLANTA (AP) After a Georgia inmate convicted of murdering a police officer ... Al Sharpton, Troy Davis' exultant family and a busload of supporters sang, ...

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2. Troy Anthony Davis
   Troy Anthony Davis. An Innocent Man Facing Execution in Georgia. Troy Davis Denied Clemency: Execution Scheduled for Sept 23, at 7:00PM ...
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3. Georgia Board Grants Stay Of Execution to Consider Case ...
   Georgia Board Grants Stay Of Execution to Consider Case ... Troy Davis was convicted of killing a police officer in 1989. Troy Davis was convicted of ...
   www.washingtonpost.com/wp-dyn/content/article/2007/07/16/AR2007071601799.html - Similar pages
4. Will Georgia Kill an Innocent Man? - TIME
   Will Georgia Kill an Innocent Man? By Brendan Lowe Friday, Jul. 13, 2007. Troy Davis Georgia Death Row. A snapshot from a family visit to Troy Davis, ...
   www.time.com/time/nation/article/0,8599,1643384,00.html?cnn=yes - 39k - Cached - Similar pages
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Sharpton seeks clemency for Troy Anthony DavisCivil rights activist takes up case of condemned killer

By JEFFRY SCOTT and MARCUS K. GARNER

The Atlanta Journal-Constitution

Saturday, September 20, 2008

New York civil rights activist Al Sharpton said condemned cop killer Troy Anthony Davis was surprisingly upbeat Saturday night after the two prayed together on Georgias death row.

He was not overly optimistic or pessimistic, said the Rev. Sharpton, who visited Davis on death row at Georgia Diagnostic and Classification Prison in Jackson at the request of Davis family. He was suprisingly upbeat. He seemed like he was depending on his faith to see him through.

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Sharpton has joined a growing chorus of prominent figures calling for Georgia to spare the life of the 39-year-old, who is scheduled to be executed by lethal injection Tuesday night for the 1989 murder of Savannah police Officer Mark Allen MacPhail.

If you have this kind of wide array of people who dont agree on much, but who believe that clemency is needed in this case, that should impress upon [the Georgia State Pardons and Parole Board] to give him another opportunity to show that there is not reasonable doubt, Sharpton said.

But Scheree Lipscomb, a spokeswoman for the Pardons and Parole Board, said Saturday night there would be no last-minute clemency.

The board members have considered clemency on two occasions, Lipscomb said. They stand firm in the decision that they have made.

Both former President Jimmy Carter and Bob Barr, a Libertarian Party presidential candidate and former Georgia congressman, on Friday asked the board to grant Davis a stay of execution.

Barr wrote a letter to the parole board last week asking it to reconsider the Davis case because, he wrote, the doubts about the Davis case have not been resolved, and fears that Georgia might execute an innocent man have not been allayed.

Carter issued a statement Friday asking the parole board to reconsider the case, saying it illustrates the deep flaws in the application of the death penalty in this country.

Carter wrote that executing Troy Davis without a real examination of potentially exonerating evidence risks taking the life of an innocent man and would be a grave miscarriage of justice.

Georgians for Alternatives to the Death Penalty and the NAACP said Saturday they are planning another rally at 11 a.m. Monday in front of the State Capitol to urge the parole board to reconsider or the state Supreme Court to stay the execution of Davis while his case is appealed to the U.S. Supreme Court.

Davis is convicted of killing MacPhail, on Aug. 19, 1989. Since Davis 1991 trial, several key witnesses have recanted their testimony. Witness testimony formed the core of the prosecutions case because physical evidence was scant: no murder weapon, no fingerprints, no DNA.

The case has attracted worldwide attention, with calls to stop his execution from Pope Benedict XVI, Amnesty International and Nobel Peace Prize-winner Desmond Tutu. Rallies have been held as far away as Paris.

Officer MacPhails mother, Anneliese MacPhail, 74, of Columbus, said Saturday she is disgusted by the outpouring of support for Davis. Its tearing me apart to see my sons name dragged through the mud because of all of this.

She said she had no doubt Davis is guilty. I hope this is over Tuesday and I can have some peace, she said.

She will not attend the scheduled execution, but three of my children will be in Jackson, she said.

GFADP also plans a vigil outside the Jackson jail, as well as a protest on the Capitol steps, both to begin at 6:30 p.m. Tuesday.

Sharpton spent about 35 minutes with Davis on Saturday night, and said by phone that the death-row inmate reflected on how he became a murder suspect.

He said he got in with the wrong crowd and thought one of the guys he was hanging with killed [MacPhail], Sharpton said. He said young people should be careful who they hang around.

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