A three-judge panel of the US Court of Appeals for the 11th Circuit in Atlanta heard arguments in the Troy Davis case on December 9. The judges weighed whether Davis’ new evidence was sufficient to merit a more extensive hearing and perhaps a new trial. One of the judges, Rosemary Barkett, said she would like to see the innocence claims fleshed out in a further hearing.
Judge Barkett expressed her frustration with the fact that none of the eyewitnesses were shown another primary suspect’s photo or presented with a lineup with him in it. Barkett also speculated that Savannah police faced so much pressure to quickly solve the high profile murder that they did not focus enough on the other primary suspect. While acknowledging the possibility of executing an innocent person, Barkett added, “It’s also possible the real guilty person who shot [the victim] Officer MacPhail is not being prosecuted.”
The Court did not indicate when it would issue a ruling and at the close of the hearing, Judge Dubina called the appeal a “very difficult case.” Judge Marcus called the case “murky,” without the availability of DNA evidence that could categorically clear Davis. The high profile case has garnered attention as seven of the nine eyewitnesses in the case have recanted their original testimony.
(B. Rankin, “Judges differ as Davis seeks new trial,” The Atlanta Journal Constitution, December 10, 2008). See Innocence and Arbitrariness.
