Friday, August 21, 2009

Court Intervenes in Capital Punishment Case

In a case that has drawn the attention of Pope Benedict XVI, the US Supreme Court held that a lower court should examine the new evidence being presented that claims to exonerate a man convicted of killing a police officer, as reported by USA Today.

Though the highest court has not intervened in a capital punishment case in this manner for nearly fifty years, it is perhaps good to do so now and—whatever the outcome—bring more resolution to the, as yet unconfirmed, argument that many innocent people have been executed.

An excerpt.

“WASHINGTON — In an exceptional move Monday, the Supreme Court ordered a U.S. court in Georgia to hear new testimony in the case of Troy Davis, who was sentenced to die for killing a police officer and whose appeal has drawn international attention.

“The justices said a lower-court judge should determine whether fresh evidence "clearly establishes" Davis' innocence. Since a jury convicted him 18 years ago, seven of the prosecution's key witnesses have recanted their testimony about what happened in a Savannah, Ga., parking lot the night officer Mark Allen MacPhail was shot.

“The high court rarely intervenes in death penalty appeals at late stages and almost never when a condemned inmate is filing the kind of special petition that Davis did. Justices Antonin Scalia and Clarence Thomas said in their dissent that it had been nearly 50 years since the court accepted such a petition.

“Davis' case comes amid growing questions about the possibility of innocent convicts on death row and courts' treatment of evidence that emerges after a conviction.

“His claim of innocence had won earlier support from former president Jimmy Carter and Pope Benedict XVI, and his latest bid drew "friend of the court" briefs from the NAACP and former U.S. House member Bob Barr, a Republican from Georgia.”