11th Circuit Court of Appeals Heard Arguments on the 9th

Terry was in Atlanta on Tuesday for the oral arguments from both sides. Evidently the judges had thoroughly reviewed the case because their questions were very in depth. It was very animated on both sides of the courtroom.

This appellate process is all about procedure and whether it was followed during the trial, so all the questioning centered around that issue. A big concern of the court is whether an innocent person or possibly innocent person could be put to death because procedure was followed explicitly and no other avenues of recourse are available for that individual. Another thing the court has to consider is that they are a gatekeeper , in a sense, for the courts to avoid a flood of unnecessary appeals. They realize that there are exceptions in some cases but if they allow Troy's case through, it might open a floodgate that they are not ready to address.

So on many levels, the stakes are high and the court fully acknowledges this. They have a decision to make as to whether they will take the lead on this, or pass it on to the U.S. Supreme Court. Only time will tell.

Terry was able to film the long line of supporters outside the building; of course, no cameras were allowed in the courtroom. Both families, Davises & McPhails, were represented at the hearing and both gave statements to the press afterward.

Filming continues in Savannah, GA, so keep posted for more upcoming news.

Federal Appeals Court Responds!

The Federal Court decided to hear Oral Arguements from both sides on December 9th.

William Sessions, Former Judge and Former FBI Director said it best in an article that was featured in the Atlanta Journal-Constitution. http://www.ajc.com/opinion/content/opinion/stories/2008/11/18/sessionsed_1118.html\

Federal Appeals Court issues Stay of Execution

Troy was scheduled to die by lethal injection on Monday, October 27th. His family was packing for their trtip to death chamber for the third time when the news came that the Federal Appeals Court issued a "conditional" stay of execution. Troy's lawyers will work be working to present their legal briefs within the next 15 days in hopes for a new trial.

SUPREME COURT RULING

The Supreme Court denied Troy's case. The State of Georgia scheduled Troy's execution for October 27, 2008.

Supreme Court to consider Davis' case in private

Today the U.S. Supreme Court is scheduled to meet in private to discuss Troy's case. They are not likely to give their decision today. Tuesday is the most likely time since Monday is a holiday, so now we continue to wait. It's hard to fathom that this decision will be the final say. For so long, Martina, Troy, and their family have been fighting for someone to hear his case. Now they have the attention of the highest court in the land and their word is it. Please consider how you, your friends, and family might support Troy's case and this film. Continue to spread the word.

The Waiting Game

Two days ago Terry went down to visit Martina, Troy's sister, and they were able to spend some time together discussing the different scenarios that might play out.

As of this moment, Troy is on deathwatch as the US Supreme Court makes its decision. It's agonizing as there is really nothing that anyone can do at this moment, but we are scrambling to try and get some initial funds to be able to follow the story during this critical moment. Any day now they could make their decision, and we are hoping that they will give him another chance--to give many Americans a chance as they potentially set a precedence that will help prevent the future death of innocents.

We're posting on the website some of the numerous letters that have been written on Troy's behalf. It's amazing, really, when you see it all up close. As the NY Times wrote, "What's the Rush?" Why are we so eager to kill a man who may be innocent? If justice needs time, then let it be so. The truth will always make itself known, and of that we have nothing to be afraid of.

TROY GRANTED TEMPORARY STAY OF EXECUTION!

Less than 2 hours before Troy was to die by lethal injection, the U.S. Supreme Court , the highest court in the United States, granted a stay of execution. They will be reviewing the petitions and will make their ruling early next week.

Terry spent the day with Troy as he prepared to die. Troy remained in good spirits. Unfortunately, cameras are not permitted on death row, but I can imagine what they would have recorded when Troy learned the news that his life was spared for another week.

Troy Update September 22, 2008

Terry Called in to give a report on how things are going. The lawyers are still working around the clock. Terry is filming in Savannah. He visited with Troy and Troy's in good spirits. He realizes the incredible outpouring of support, including International support and he's very thankful. He still has hope that good will prevail. Troy said, "They can take my body, but they can't take my soul".

Troy is surrounded by incredible family and friends that believe in his innocence.

Quick Update on Parole Board Hearing

To start - this blogging business sounds great for most but I am already wondering if I can just dictate into a microphone and let you hear me instead.  The events are evolving so rapidly if I put down the camera to type - there won't be any footage to watch.

Thursday - September 11

I went down to Atlanta to film the Amnesty International rally which was well attended especially given several date changes due to an unexpected demand for Troy to be executed on September 23.  This in spite of a writ of certiorari currently filed with the U.S. Supreme Court and waiting to be reviewed when they come back from their recess at the end of this month.  

The outpouring of support for Troy was moving.  Rush hour traffic continuously honked their horns showing their support.   When filming these types of events one always wishes they had cameras everywhere.  But we captured some great emotional moments for the film including Troy calling from prison to talk to the crowd.

Friday - September 12

The Georgia Parole Board hearing began for Troy.  There was high expectation that since the Parole Board had issued a stay of execution in July of '07 because of 'reasonable doubt' that they would be of a similar mindset since nothing had changed with Davis being given a new hearing.

The bottom line is that within a few hours of Troy's lawyers making their case the Parole Board came back with a denial of clemency and a denial to stay the execution.  The shock waves rocketed out all the way into the international community.  Within minutes people were calling from all over the world wondering how this could be.

Troy was disappointed of course, but being a faith driven man he still prays for everyone one of those who desires to execute him.  Having spent time with him, his altruistic love for others certainly seems authentic, not vindicative.  

While he wants his freedom he equally desires that no one ever have to walk in his shoes.

PARTING QUESTION

Do you believe in the core judicial principle called 'reasonable doubt?'  

If so, are you willing to possibly let a guilty man walk free to keep an innocent man from being executed?  

Stay tuned and  I will fill in some more blanks tomorrow.

Our film crew is working this week to continue to cover the events as they unfold.  

We certainly can use your support.

Welcome

Thank you for all your support and prayers.   We have been filming in Savannah, GA for the past several days.