Georgia Man Gets Second Chance To Show He Didn't Kill Cop

August 17, 2009 2:08 p.m. EST

Washington, D.C. (AHN) - A Georgia man who has maintained for 20 years that he did not kill a police officer was given another chance to prove his innocence Monday by the U. S. Supreme Court.

Four members of the court voted to delay the execution of Troy Anthony Davis, who has been on death row since 1991 for the 1989 killing for off-duty Savannah police officer Mark McPhail. Davis had requested the stay in order to present what he says is new evidence that could clear him of the crime.

Justice John Paul Stevens ordered the Georgia federal court to "receive testimony and make findings of fact as to whether evidence that could not have been obtained at the time of trial clearly establishes petitioner's innocence." He was joined in the opinion by Justices Ruth Bader Ginsburg and Stephen Breyer.

In a dissenting opinion, Justice Antonin Scalia said Stevens was sending the Georgia court "on a fool's errand." Justice Clarence Thomas joined in the dissent.

Justice Sonia Sotomayor, who was sworn in Aug. 8, did not take part in the decision.

Seven of the nine witnesses who testified against Davis at his trial have since recanted. No physical evidence tied Davis to the murder.

Davis' appeal has been on a roller coaster of judicial opinions since his conviction. Last fall, the U.s. Supreme Court granted him a stay two hours before his scheduled execution. A month later, the justices ended their stay. Shortly afterwards, a federal appeals court issued another stay.

Davis' call for a new trial has been supported by a host of well-known figures, including former president Jimmy Carter, Pope Benedict XVI, and Archbishop Desmond Tutu.