the witnesses had not changed their recollections, and that no DNA evidence was available to categorically clear Davis. After the hearing, Davis's sister, Martina Correia, an active campaigner for her brother stated "This is not family against family. We have no ill will against the MacPhail family. When justice is found for Troy, there will be justice for Officer MacPhail." On April 16, 2009, the panel denied Davis's application by a 2–1 majority. Judges Dubina and Marcus rejected the petition, stating that Davis's claims having been reviewed and rejected in the past, and that the recantations were not persuasive. Judge Rosemary Barkett, in dissent, expressed her belief that as Davis might prove his innocence, it would be wrong to execute him. In an interview, Mark MacPhail Jr. said of his father, "He gave his life for the community and now I'm trying to help out his name and help him in some way." Of the appeals process, he says, "The past two years we've had countless appeals and it just keeps on getting drug out." Of Davis, MacPhail said, "He decided to break the law. And our law says, you kill an officer of the law, who tries to uphold it, you must be punished." The 11th Circuit issued an order extending the stay of execution for 30 days to allow Davis the opportunity to file a habeas corpus petition with the U.S. Supreme Court. Davis filed a petition for habeas corpus with the U.S. Supreme Court on May 19, 2009. On August 17, 2009, the Supreme Court ordered the Savannah federal district court to "receive testimony and make findings of fact as to whether evidence that could not have been obtained at the time of trial clearly establishes [Davis's] innocence." Justice John Paul Stevens, joined by Justices Ruth Bader Ginsburg and Stephen Breyer, wrote that "[t]he substantial risk of putting an innocent man to death clearly provides an adequate justification for holding an evidentiary hearing." Justice Antonin Scalia dissented, stating that a new hearing would be "a fool's errand" because Davis's claim of innocence was "a sure loser". He was joined by Justice Clarence Thomas. Federal hearing In response to the Supreme Court order, a two-day hearing was held in June 2010 in a federal district court in Savannah in front of Judge William Moore. Benjamin Gordon testified that he was present on the night Officer MacPhail was killed