Though prosecutors have considered the case solved for nearly two decades, a chorus of eyewitnesses say the police arrested the wrong man. Now, on the eve of execution, scheduled for Tuesday, they have joined his family and his lawyers in an effort to get the courts to hear new evidence they say proves he is innocent.
With no physical evidence — the murder weapon was never found — prosecutors relied heavily on the testimony of nine eyewitnesses who took the stand against Mr. Davis.
But since his trial, seven of the nine have recanted or changed their testimony, saying they were harassed and pressed by investigators to lie under oath. Other witnesses have come forward identifying a different man as the shooter.
But because of a 1996 federal law intended to streamline the legal process in death penalty cases, courts have ruled it is too late in the appeals process to introduce new evidence and, so far, have refused to hear it.Read more...