Sunday, July 22, 2007

Justice for Mark Allan McPhail

At midnight on August 18, 1989, Mark Allen MacPhail, a Savannah police officer, reported for work as a security guard at the Greyhound bus station in Savannah, adjacent to a fast-food restaurant.

According to Court records, Troy Anthony Davis shot into a car that was leaving a party on Cloverdale Drive in a Savannah subdivision and struck a man in the head, severely injuring him by a bullet that lodged in his right jaw.

A few hours later, as the Burger King restaurant was closing, a fight broke out in which Davis struck a homeless man in the head with a pistol. Officer MacPhail, wearing his police uniform -- including badge, shoulder patches, gun belt, .38 revolver and nightstick -- ran to the scene of the disturbance. Davis fled. When Officer MacPhail ordered him to halt, Davis turned around and shot him. Officer MacPhail fell to the ground. Davis, smiling, walked up to the stricken officer and shot him several more times. The officer's gun was still in his holster.

Mark MacPhail wore a bullet-proof vest, but the vest did not cover his sides and the fatal bullet entered the left side of his chest, penetrated his left lung and aorta, and came to rest at the back of his chest cavity. The officer was also shot in the left cheek and the right leg.

The next afternoon, Davis told a friend that he had been involved in an argument at the restaurant the previous evening and struck someone with a gun. He told the friend that when a police officer ran up, Davis shot him and that he went to the officer and "finished the job" because he knew the officer got a good look at his face when he shot him the first time. After his arrest, Davis told a cellmate a similar story. A shell casing that was found at the scene of the murder was linked to the Cloverdale Drive shooting. A woman who was staying in a hotel across the street from where Mark MacPhail was murdered identified Troy Davis as the shooter after seeing a photograph of him. She also chose his photo from a 5-person lineup, as well as identified him at his trial. Numerous other eyewitnesses also identified Davis.


Davis was given a stay of execution on July 16, when his execution date was set for July 17. They have until October 14th.

The usual lobbying groups have now jumped into the act: Amnesty International, the Vatican, Rep John Lewis (D-GA).

Ga. Judge Rejects Bid to Halt Execution (excerpt)

Superior Court Judge Penny Haas Freesemann said in her ruling Friday that Georgia courts generally do not favor granting retrials in such cases, and that the evidence presented by Davis' lawyers failed to meet strict standards required by state law.

Prosecutors had argued that most of the witness affidavits, signed between 1996 and 2003, were included in Davis' previous appeals and should not be considered new evidence.

Davis' lawyers say appeals courts never considered any new evidence, instead focusing on whether his constitutional rights had been violated.

"Clearly, the defendant has brought these motions for the purpose of delay," David Lock, Chatham County chief assistant district attorney, wrote in a response filed Tuesday.

The judge also rejected the affidavits by people claiming they heard Coles confess to the murder, say they "contain inadmissible hearsay."




jberenyi said...

Kill'em all and let God sort them out.

rene stricker said...

too bad i"m not good with the computer, i would make a web site where everyone that sustained loss by the hands or because of illegals would petition in and write their story...personally one of my receptionists was murdered by some drunk illegals she was just a beautiful girl at 19 years going to nursing school at asu. another one of my employees at the time was hit by an illegal without car insurance and it totaled her car at her expense not the illegals.those are just two stories out of a dozen i know personally stop the new world order tell everyone you know about it. rene stricker

StuFried said...

I'm sorry, but I disagree. Seven of the nine jurors have recanted. I've never understood the origins the notion that recanting testimony is so distrusted. If we believe these witnesses when we say what we want to here, I just don't understand why we don't believe them when they say the contrary. After years of dealing with issues, neither side is unbiased. I really wish a true neutral broker reviewed the case once and for all, rather than dueling blogs.

Unknown said...

StuFried... you have been lied to. The witnesses did not recant their trial testimony, they merely recanted errors made in their written statements, minor errors.
Truth #1
None of the recantations listed by Davis supporters state that Davis did not murder Officer MacPhail.

All but one of the “recants” state that the statements they gave at the time of the murder were typed up by the investigating officers after and during their interviews and that they signed them without reading them.

What they fail to mention is that TWO YEARS later they testified in court that their statements were true.

It has only happened several years after the conviction that they have spoken to members of Davis’ legal team, family and supporters that they NOW claim to have given false statements. It is transparently clear that the convicted murder’s supporters have manipulated these witnesses into saying they did not understand what they were saying during the investigation OR during the trial.

Two of the original witnesses HAVE NOT RECANTED their testimony that named Troy Davis as the murderer. This has so angered Davis’ supporters that they are trying to name one of these witnesses (Coles) as the shooter.

Coles was standing behind Officer MacPhail when MacPhail ran by chasing Davis. Davis turned and shot Officer from the front.

Coles came back to the scene of the shooting with a female after police arrived.

Davis changed clothes (even asking Coles for a shirt later) and fled to Atlanta with his sister.