Condemned Ga. Killer Wins 90-Day Stay

This undated photo released by the Georgia Department of Corrections shows death-row inmate Troy Davis. Davis, a convicted killer of a police officer, said Monday, July 9, 2007, that if the state puts him to death next week as scheduled it will be executing an innocent man. Davis, 38, told The Associated Press in a telephone interview from prison that he hopes to get a reprieve or a new trial for the Aug 19, 1989, murder of Savannah police officer Mark MacPhail. (AP Photo/Georgia Department of Corrections) (Ho - AP)

ATLANTA -- A man convicted of killing a police officer won a reprieve a day before his scheduled execution, after his lawyers argued that several witnesses had recanted or changed their testimony.

The state Board of Pardons and Paroles on Monday granted a stay of execution of up to 90 days to Troy Davis, 38, who was convicted of killing a Savannah police officer in 1989.

He had faced a Tuesday execution date before the board's decision, which came after less than an hour of deliberation. The stay means the execution will be on hold while the board weighs the evidence presented as part of Davis' request for clemency. The board must rule by Oct. 14.

Earlier Monday, lawyers for Davis pleaded with the board during a closed-door hearing to grant their client a reprieve. Prosecutors were then given a chance to rebut the clemency request.

After the decision, defense lawyer Jason Ewart expressed relief. "We are no longer under the gun and we can present the rest of our innocence case," he said.

The officer's widow, Joan MacPhail, decried the ruling. "I believe they are setting a precedent for all criminals that it is perfectly fine to kill a cop and get away with it," she said. "By making us wait, it's another sock in the stomach. It's tearing us up."

Also Monday, Davis' lawyers filed an appeal with the state Supreme Court.

During the parole hearing, Davis' friends and relatives spoke in support of the clemency petition, along with Rep. John Lewis, an Atlanta Democrat and civil rights icon. Five witnesses who testified at the trial spoke to the board on Davis' behalf, Ewart said.

Lewis did not speak to reporters after leaving the hearing, but he did issue a copy of his prepared comments to the board.

"I do not know if he is guilty of the charges of which he has been convicted," Lewis told the board. "But I do know that nobody should be put to death based on the evidence we now have in this case."

Prosecutors and the victim's family have argued that Davis received a fair trial and has had plenty of appeals, all of which failed.

"I believe police did their job correctly and found the right man," the slain officer's son, Mark MacPhail Jr., told reporters after his family addressed the board.