Tue., August 24, 2010 3:14pm (EDT)

Judge Rules Against Troy Davis
By Orlando Montoya
Updated: 4 years ago

SAVANNAH, Ga.  —  
After an unprecedented hearing on Troy Davis' innocence, a federal judge has ruled tht Davis did not prove it.  Davis supporters gathered in front of the courthouse in this picture from June 23, 2010.  (photo Orlando Montoya)
After an unprecedented hearing on Troy Davis' innocence, a federal judge has ruled tht Davis did not prove it. Davis supporters gathered in front of the courthouse in this picture from June 23, 2010. (photo Orlando Montoya)
A federal judge in Savannah says, a Georgia death row inmate did not prove his claim of innocence in a rare review ordered by the U.S. Supreme Court.

Attorneys, however, still could appeal the case of Troy Anthony Davis.

The judge heard new evidence after the Supreme Court decided that recanted testimony in the case merited review.

In his ruling, however, the judge said, that the new evidence casts minimal doubt on Davis' conviction and is largely "smoke and mirrors."

Mark MacPhail, Jr. is the son of the slain police officer whom Davis is convicted of killing.

"It's exciting. I feel great," MacPhails says. "But then again, here we are, 21 years later, still waiting."

Marc MacPhail, Sr., was gunned down in 1989 and Davis was sentenced to die for the crime two years later.

Davis' lawyers vow to appeal the ruling.

"We are disappointed with the court's ruling and we strongly disagree with the court's findings and conclusions," said Stephen Marsh, one of Davis' appellate attorneys. "We believe that Troy is innocent."

It's unclear, however, what legal avenues Davis has left.

The Supreme Court ordered Moore's review, an extraordinary step not taken in more than a half-century.