Last week saw the exoneration of the 132nd person from death row since 1973. Paul House, who was on death row for 22 years and was scheduled for a new hearing, was exonerated after a DNA test proved he was not the perpetrator of the murder he was convicted of in 1986. Daniel Wade Moore became the 133rd exoneree when he was acquitted at a retrial for a 1999 rape and murder. Given the vast amount of people released from death row in the last 35 years, it is clear that capital punishment in the United States is fatally flawed and there is the unconscionable possibility to execute an innocent person. Troy Davis, who is almost certainly innocent, should have a chance to make the list of the exonerated. Instead, no court has heard evidence of his innocence.

Yesterday, Amnesty International organized a Global Day of Action for Troy Davis, who has been on Georgia's death row since 1989. The facts of Davis's case indicate that he is almost certainly innocent: Convicted and sentenced to death for the 1989 murder of Officer Mark MacPhail, an off-duty police officer, Davis's case lacks any physical evidence, and no murder weapon has been found. The only evidence against Davis is the testimony of witnesses. But seven of the nine nonpolice witnesses have recanted or contradicted their trial testimony. Of the two witnesses who did not recant, one is an alternative suspect.

Act now. Write Georgia Gov. Sonny Perdue and ask him to commute Troy Davis's sentence.

CORRECTION: An earlier version of this post stated the crimes for which Moore was convicted of took place in 2003. That was incorrect. They took place in 1999.

Late last week, the 11th Circuit Court of Appeals rejected Troy Davis’s petition for a hearing to prove his innocence. Although seven of the nine non-police witnesses against him have recanted or contradicted their trial testimony, that evidence will not be heard unless the United States Supreme Court decides differently. Troy Davis still has a 30-day stay of execution to file a petition with the Supreme Court.

The 11th Circuit refused to hear Davis’ claims of innocence by a 2-1 vote. The decision was largely based on the onerous procedural obstacles that a death row inmate must overcome before a federal court will consider the merits of his or her constitutional claims – in Troy’s case, his claim that the execution of an innocent person violates the cruel or unusual punishment clause of the U.S. Constitution.

These procedural restrictions are the result of the federal Anti-Terrorism and Effective Death Penalty Act (AEDPA), enacted in 1996. AEDPA was designed to expedite the execution of death-row inmates by streamlining the appeals process. But the Troy Davis case is a tragic illustration of AEDPA’s fundamental flaws. The law elevates procedural niceties over fairness and justice by preventing some death-row inmates from proving their innocence because their evidence or claim of innocence was presented too late.

The dissenting judge in Troy’s case stated, “[t]o execute Davis, in the face of a significant amount of proffered evidence that may establish his actual innocence, is unconscionable and unconstitutional.” We agree.

While Davis’s lawyers are working their way to the U.S. Supreme Court, you can still take action by voicing your opposition to horrific injustice. Visit Amnesty International’s website for an update of actions you can take.

A date has been set for the 11th Circuit Court of Appeals to hear oral arguments in Troy Davis's case. The 11th Circuit, which ordered a stay of execution on October 24,will hear arguments on December 9, 2008.

The issue before the court is whether Mr. Davis can meet the standards for an evidentiary hearing under the 1996 Antiterrorism and Effective Death Penalty Act (AEDPA). Davis must show that he possesses new clear and convincing evidence that could not have been discovered previously and which no reasonable fact-finder would have found him guilty.

In addition, the three-judge panel of the 11th Circuit has requested that both sides address the issue of whether Mr. Davis can be executed if he fails to meet the procedural hurdles under AEDPA but can establish his actual innocence. Seven out of nine eyewitnesses have either recanted or changed their trial testimony. The Fulton County Daily Report has written an article entitled "11th Circuit Raises Big Questions by Delving Into Death Row Case."

While attorneys for each side will argue the fine points of law on December 9, letters to the editor about this case are an excellent way to express your concern about our dysfunctional death penalty system where one can be procedurally barred from presenting claims of actual innocence.

The AJC reports today that Troy Davis' attorneys are seeking permission from the a federal appeals court to file a new round of appeals based on Troy's innocence claims. If the 11th Circuit grants the request, Troy's Monday execution will be stayed. The paper reports:

Davis' court filing said the Antiterrorism and Effective Death Penalty Act of 1996 allows a condemned inmate to seek a second round of federal appealsif a federal appeals court approves it. Davis' lawyers told the 11th Circuitthey have made the requisite showing of actual innocence to allow a newround of appeals to begin.

You can join Amnesty's Global Day of Action (PDF) today. Let's continue to show that the public won't stand for the execution of a man whose guilt is questioned. A third rally in Washington, D.C., will be from 6 p.m. to 7 p.m. at the corner of 14th St. and Park Rd. NW, in the paved triangular area right by the Columbia Heights metro station.