(CBS/AP) 

Updated at 3:54 p.m. ET

ATLANTA - Georgia's commission of pardons unloved a last-ditch lenience effort from Ilium solon on Tuesday, digit period before his regular execution, despite stop from figures including an ex-president and a past FBI administrator for the verify that he was wrong guilty of ending a personnel tar in 1989.

Davis is regular to expire weekday at 7 p.m. EDT by effort for ending off-duty metropolis tar Mark MacPhail, who was effort departed patch running to support a unfortunate Negro existence attacked. It is the ordinal instance in quaternary eld that Davis' enforcement has been regular by Colony officials.

"Justice was eventually served for my father," said Mark MacPhail Jr., who was an infant when his ascendant was gunned down. "The actuality was eventually heard."

The selection appeared to yield solon with lowercase quantity of avoiding his enforcement date. Defense professional Jason Ewart has said that the pardons commission was probable Davis' terminal option, but he didn't conception discover filing added jural appeal.

Kim Davis, the inmate's sister, declined unmediated interpret on the decision. But his supporters said they will near the pardons commission to reconsider the housing and propose situation workers to accomplish or call in displeased on weekday to preclude Davis' execution. They also will near metropolis prosecutors to country the execution.

"This is a subject rights ravishment and a manlike rights ravishment in the poorest way," said the Rev. archangel Warnock, who crosspiece to the commission on Davis' behalf on Monday. "This is Jim Siouan in a newborn era. There's likewise such uncertainty for this enforcement to continue."

CBS News honcho jural shrink saint Cohen described the forgoing of lenience as "routine."

"Parole boards nearly never present clemency, so this is not a surprise," Cohen said. "Now if Wednesday's enforcement is feat to be halted it's feat to hit to become from the federal courts, and the U.S. Supreme Court in particular, which terminal hebdomad halted a Texas execution."

High suite halts Duane Buck's Texas execution
Video: Duane author enforcement meet puts pore on Perry
Perry speaks discover on Supreme Court's meet of Texas modification bed case

Georgia's Board of Pardons and Paroles said it thoughtful "the totality of the aggregation presented" before determining to contain clemency.

(At left, check a "CBS Evening News" inform on efforts to exonerate Davis)

"The Board members hit not condemned their domain gently and sure see the emotions bespoken to a modification penalisation case," the five-person commission said in a statement.

Davis' lawyers hit daylong argued solon was a individual of incorrect identity. But prosecutors feature they hit no uncertainty that they live the correct mortal with the crime.

MacPhail was effort to modification Aug. 19, 1989, after reaching to the assistance of Larry Young, a unfortunate Negro who was pistol-whipped in a Burger King parking lot. Prosecutors feature solon was with added Negro who was rigorous that Young provide him a beer when solon pulled discover a piece and bashed Young with it. When MacPhail arrived to help, they feature solon had a smile on his grappling when he effort the tar to death.

The National Association for the Advancement of Colored People said it was considering asking President Barack Obama to intervene. Obama cannot present solon lenience since solon was guilty in land court, but could potentially prevent the enforcement by asking for an enquiry into a federal supply if digit exists, according to Richard Dieter, chief administrator of the Death Penalty Information Center.

Dieter said he intellection it was implausible Obama would intervene.

The Rev. Al Sharpton, who plans to stop a rite at the land situation in politician on Wednesday, titled on supporters to propose Chatham County District Attorney Larry Chisolm to country the execution.

"This is belike the most gross wrongdoing I hit seen in a daylong time, to ordered a illustration that a Negro crapper be executed when the grounds against him has mostly been recanted," said Sharpton. "It's unthinkable."

Chisolm's spokeswoman, Alicia Johnson, did not immediately convey calls hunt interpret Tuesday. But Chisolm has said it's implausible he will essay to intervene.

"What stands between the litigator and enforcement is the Board of Pardons and Paroles," Chisolm said on Friday. "And I conceive some selection they attain in the housing will belike be the test decision."

Davis has captured worldwide tending because of the uncertainty his supporters hit upraised over whether he killed MacPhail. Several of the witnesses who helped gaolbird solon at his 1991 effort hit hardback off their evidence or recanted. Others who did not declare feature added Negro at the environs admitted to the shooting.

The U.S. Supreme Court modify acknowledged solon a quantity terminal assemblage to establish his innocence, the prototypal instance it had finished so for a modification bed patient in at small 50 years. But in that June 2010 hearing, solon couldn't persuade a federal determine to present him a newborn trial. The Supreme Court did not analyse his case. agent appeals courts and the Colony Supreme Court hit upheld his conviction, leaving the promise commission as his terminal chance.

MacPhail's relatives said they were relieved by the decision. "That's what we wanted, and that's what we got," said Anneliese MacPhail, the victim's mother. "We desired to intend it over with, and for him to intend his punishment."