Execution Of GA Inmate Decided In New Ruling: Report

JACKSON, GA — The execution of a man convicted of fatally shooting two Cobb County real estate agents 22 years ago continues to be suspended after a Georgia judge on Monday ordered a temporary pause, a media report says.

The execution of Stacey Humphreys, 52, was initially scheduled for Dec. 17, but was put on hold two days prior after the Georgia State Board of Pardons and Paroles pushed back its meeting to discuss Humphreys' potential clemency for an unknown reason.

He was sentenced to death after being convicted of murdering Cindy Williams and Lori Brown in November 2003 at a model home in Cobb. Executions are carried out by lethal injection at the Georgia Diagnostic and Classification Prison in Jackson.

Before the execution can proceed, Fulton County Superior Court Judge Robert McBurney on Monday said the matter of possible conflicts of interest within the parole board must be resolved, WAGA-TV reported.

"Pressing ‘pause’ on the execution machinery until we answer the non-frivolous question raised by Petitioner concerning the proper composition of the Board for his clemency hearing is the correct course of action," McBurney wrote in the order, per WAGA-TV.

Attorneys for Humphreys claim two parole board members had prior involvement in the case and should be blocked from the clemency hearing, WAGA-TV reported. One of the members was reportedly a victim advocate in the Cobb County Sheriff's Office, while another member was a Glynn County sheriff at the time of initial court proceedings.

RELATED:

• Execution Suspended For Convicted GA Killer Of 2
  
• GA Killer’s Execution Details; Last Meal Settled
• Man Who Killed 2 GA Real Estate Agents Set To Be Executed This Month

The parole board, on Dec. 22, declassified Humphreys' clemency application. The 43-page file includes a photo of a young Humphreys and his request for a stay of execution and commutation of sentence.

Patch has obtained the documents filed by the Federal Defender Program on behalf of Humphreys.

Defense attorneys claimed the trial jury initially deadlocked with an 11-1 vote to sentence Humphreys to life without parole, but a juror "'wasn't going to let that happen.'"

They accused the juror of being a victim of a similar crime, leading her to persuade the other jurors into voting for a death sentence. In Georgia, voting must be unanimous for a death sentence.

The juror "yelled at the other jurors" that Humphreys would be released from jail and would kill her if a unanimous vote was not made, defense attorneys claimed.

"Juror ... deliberately deceived the other jurors, altered their notes to the judge and refused to deliberate until the others relinquished their votes. All reviewing courts agreed that this happened. If it had not, Mr. Humphreys would have been sentenced to life without parole. As one judge on the Eleventh Circuit Court of Appeals observed, this error was "the difference between life and death" and "[the court] should be able to correct that error. But [it] can't," read the clemency application.

Attorneys argued the courts cannot inquire about jury deliberations, but the parole board does have the power to do so.

They also claimed, "Mr. Humphreys stands before the Board because of his own actions. He took the lives of two young women, and the damage he inflicted upon them, their families, and the community can never be undone. For eight days, the jury heard all facts behind the murders and found Mr. Humphreys guilty. But the jury also learned that Mr. Humphreys took complete responsibility for the crime immediately after arrest, learned of the remorse behind his tearful admission, and finally, they learned about his terrible upbringing. In short, jurors heard and considered everything and then voted in favor of a life sentence without the possibility of parole."

Attorneys on both sides reportedly have until Jan. 19 to file legal briefings in the case.