Since 1991, Troy Davis has been on death row for the murder of Georgia police officer Mark McPhail. Since his trial, seven of the nine witnesses in his case have recanted, with several fingering the ninth witness as the real killer. There is no physical evidence linking Davis to McPhail's murder, and several of the witnesses claim they were intimidated into fingering Davis by police. Davis' appeals for a new trial have been denied time and time again on legal technicalities, despite the large amount of exculpatory evidence that has arisen since his conviction. Davis' supporters are a diverse group, from Pope Benedict to Jimmy Carter to Bob Barr. McPhail's family has maintained they want Davis executed.
The Supreme Court's 6-2 decision today to force a Georgia District Court to “receive testimony and make findings of fact as to whether evidence that could have been obtained at the time of trial clearly establishes [Davis'] innocence," is then, the first real glimmer of hope for Davis in years.
The Davis case has resonated nationally because for many it has that feel of old-time racism. For the folks proclaiming his innocence, it appears that a white police officer was killed, and in the rush to find someone to punish, any black man would do.
I actually think racism is less of an issue than the structural problems within our legal system, which places making sure things run smoothly as a larger priority than ensuring that we're punishing the right person--hence the incredible procedural hurdles facing a condemned man seeking a new trial even in a case where compelling exculpatory evidence has come to light. But obviously, given the state of the criminal justice system, this way of doing things hurts some people more than others, and the people hurt are disproportionately black.
Also, just in case anyone's wondering, Sonia Sotomayor didn't vote. So there's no blaming this on her. You'll be shocked to know that Antonin Scalia and Clarence Thomas were the sole dissenters. Even John Roberts wasn't callous enough to suggest a potentially innocent man should be executed without anything resembling a fair trial.
-- A. Serwer
