Friday, August 13, 2010, from the Savannah Morning News
A federal judge today rejected reconsideration of evidence for Troy Anthony Davis, ruling his lawyers did not provide the court with a "record on which the most accurate determination could be made."
Those lawyers were "attempting... to create an incomplete and deceptive record, perverting the purpose of the rule," U.S. District Judge William T. Moore Jr. ruled in a 3-page order.
"By intentionally presenting unreliable hearsay while keeping the (witness) out of court, (Davis) was seeking to prevent the court from receiving all of the evidence," Moore ruled.
Davis is challenging his 1991 murder conviction and death sentence in the 1989 slaying of off-duty Savannah police officer Mark Allen MacPhail.
The action rejected efforts by attorneys for Davis to re-open evidence in his bid to convince Moore that new evidence "clearly" established Davis' innocence.
Moore held hearings June 23 and 24 for that purpose.
A month later, Davis' appellate team filed a motion seeking to re-open the record because they argued Moore had improperly barred several witnesses.
Attorneys with the attorney general’s office opposed the move, arguing Davis' lawyers made strategic decisions not to call certain witnesses and should not now be allowed to benefit from their choices.
(source: Savannah Morning News)
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