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Troy Davis execution delayed for supreme court decision

Wednesday, September 21, 2011

Obama cannot grant Davis clemency for a state conviction. Richard Dieter, executive director of the Death Penalty Information Center, said he could halt the execution by asking for an investigation into a federal issue if one exists.

Press secretary Jay Carney issued a statement saying that although Obama “has worked to ensure accuracy and fairness in the criminal justice system,” it was not appropriate for him “to weigh in on specific cases like this one, which is a state prosecution.”

Dozens of protesters outside the White House called on the president to step in, and about 12 were arrested for disobeying police orders.

“The fact that the White House hasn’t addressed this issue is completely disrespectful,” college student Talibah Arnett said.

Davis was not the only U.S. inmate scheduled to die Wednesday evening. In Texas, white supremacist gang member Lawrence Russell Brewer was headed to the death chamber for the 1998 dragging death of a black man, James Byrd Jr., one of the most notorious hate crime murders in recent U.S. history.

Davis’ best chance may have come last year, in a hearing ordered by the U.S. Supreme Court. It was the first time in 50 years that justices had considered a request to grant a new trial for a death row inmate.

The high court set a tough standard for Davis to exonerate himself, ruling that his attorneys must “clearly establish” Davis’ innocence — a higher bar to meet than prosecutors having to prove guilt. After the hearing judge ruled in prosecutors’ favor, the justices didn’t take up the case.

The planned execution has drawn widespread criticism in Europe, where politicians and activists made last-minute pleas for a stay. A vigil was planned outside the U.S. Embassy in London.

Spencer Lawton, the district attorney who secured Davis’ conviction in 1991, said he was embarrassed for the judicial system — not because of the execution, but because it has taken so long to carry out.

“What we have had is a manufactured appearance of doubt which has taken on the quality of legitimate doubt itself. And all of it is exquisitely unfair,” said Lawton, who retired as Chatham County’s head prosecutor in 2008. “The good news is we live in a civilized society where questions like this are decided based on fact in open and transparent courts of law, and not on street corners.”

Copyright 2011 The Associated Press.

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