Skip to main content

Georgia killer's clemency plea falls short

WASHINGTON (CNN) -- Georgia's Parole and Pardon Board has denied a condemned inmate's request for clemency, paving the way for William Earl Lynd to die by injection at 7 p.m. on Tuesday.

Lynd, convicted of a 1988 murder, had hoped to avoid the dubious distinction of becoming the first person executed in the United States in more than seven months.

Georgia is poised to resume capital punishment after the Supreme Court in April voted to uphold Kentucky's lethal injection protocols. Executions had been on hold across the country since the high court agreed to hear a challenge to the injection method last September.

Lynd still has legal appeals pending, including one with the Georgia Supreme Court.

About a dozen states have announced they would resume capital punishment in the next several months.

"There will surely be future legal challenges brought by the method of execution," said Solicitor General Ted Cruz of Texas, where the most executions by far have taken place in the past 32 years. But he said the high court's recent decision "makes clear that the method of execution that virtually every state uses is consistent with the U.S. Constitution."

Texas officials announced Monday they plan to execute Mexican-born Jose Medellin in August for the gang rape and murder of two teenage girls in Houston 15 years ago.

His case reached the Supreme Court, which said the state could proceed. The case involved an unusual dispute among the international community, President Bush and Texas, centered on whether the prisoner deserved a new hearing because he was not told about his right to contact his consulate upon his arrest. The justices ultimately decided state officials could not be forced to give Medellin a new hearing.

About 43 other Mexican-born inmates in U.S. prisons have made similar constitutional claims.

In Mississippi, the state's supreme court on Monday scheduled the execution of Earl Wesley Berry for May 21. The attorney general had hoped to hold an execution Monday evening.

Berry, 49, was convicted in the 1987 kidnapping and fatal beating of a Houston, Mississippi, woman.

Lynd, the Georgia inmate, was convicted of the murder of his girlfriend, Virginia "Ginger" Moore, in Berrien County two decades ago. Prosecutors told jurors that Lynd shot her twice in the head, then later shot her a third time, this time fatally, after he heard her continuing to move in the trunk of the car where he had put her.

In addition to the request for a commutation of his sentence or a delay in the 7 p.m. Tuesday execution, Lynd's lawyers have already begun a round of last-minute appeals.

Death penalty opponents plan vigils across Georgia on Tuesday, including outside the death row at the prison in Jackson, just south of Atlanta.

"It's a shame and it's very sad Georgia is leading the way in the new resumption of executions in the United States," said Laura Moye, chairwoman of Georgians for Alternatives to the Death Penalty. "They're trying to send a message they're tough on crime, but they're acting irresponsibly."

Berry and Lynd are white, but Moye said that far too often, race and other factors unfairly play a part in who is prosecuted for capital crimes.

"Factors like race, class, and the county where the crime occurred have much more to do with who goes to death row than the actual heinousness of the crime."

Human rights groups also raise the possibility an innocent person could be put to death. They point to Friday's release in North Carolina of Levan "Bo" Jones, an African-American inmate who spent 14 years on death row before a judge said the evidence was faulty and overturned his murder conviction. The charges have been dropped.

Local prosecutors see things differently. "There's been no evidence in this state -- and I'm not aware of any in the country -- that any demonstrably innocent person has been put to death," said Tommy Floyd, chairman of the Prosecuting Attorneys' Council of Georgia. "As well as the human system we have devised, the death penalty is carried out fairly and appropriately" in his state, he said.

As district attorney in Henry County, just south of Atlanta, his office has prosecuted 10 capital defendants over the years. "No prosecutor I know wants to execute an innocent person," he said.

But critics point out that it is virtually impossible to get a legal ruling on a person's guilt or innocence after he has been put to death, for reasons including that no one else has legal standing to bring such a case, and that it would waste valuable court time to review the cases of people who are beyond help.

In Virginia, a May 27 execution date has been set for death row inmate Kevin Green, and the state is proceeding on schedule, said David Clementson of the Virginia attorney general's office.

Florida, Alabama, Arkansas, Illinois and Oklahoma have indicated they will resume capital punishment as soon as possible. Officials in Texas have four executions scheduled in June and July. Antionette Frank from Louisiana would be the first woman put to death in three years if her July death warrant is carried out.

Even South Dakota, which has sent only one inmate to death in three decades, has scheduled lethal injection for Briley Piper in October.

All but one of the 36 states with capital punishment use a three-drug mixture: an anesthetic, a muscle paralyzer, and a heart-stopping substance. Berry's lawyer and death penalty opponents had argued if an inmate is not given enough anesthetic, he could be conscious enough to suffer excruciating pain without being able to express that fact because of the paralyzer.

Nebraska is the only state that does not use lethal injection, but its use of the electric chair was ruled unconstitutional in February.

The last execution in the United States was September 25, of Michael Wayne Richard in Texas. The execution took place hours after the high court agreed to decide on the constitutionality of lethal injection.

Source: CNN.com

Comments

Most viewed (Last 7 days)

Indiana's governor turns down clemency request, says execution planned for Thursday will go forward

Indiana’s governor turned down a clemency request and says an execution planned for Thursday will go forward against a man who killed his girlfriend’s two children in 2010 Indiana's governor turned down a clemency request Monday and said an execution planned for this week would go forward for a man who set a fire that killed his girlfriend's two children in 2010. Gov. Mike Braun said he would follow the Indiana Parole Board's recommendation to let the death sentence stand for Jeffrey Weisheit. “The Indiana Department of Correction will continue preparations to carry out the court-ordered sentence of execution” Thursday, said Braun, a Republican.

Indiana governor rejects brain scans for death row inmate ahead of execution

Gov. Mike Braun is still weighing Jeffrey Weisheit’s clemency request, however. Gov. Mike Braun’s administration will not allow death row inmate Jeffrey Weisheit to undergo additional brain scans before his scheduled execution next week. The decision follows weeks of legal efforts by his attorneys to obtain additional medical evidence for his clemency case. Braun’s general counsel, Stephanie Flittner, met with Weisheit’s legal team Wednesday to discuss the testing and his pending clemency request.

Indiana executes Jeffrey Weisheit

An Indiana man who admitted killing his girlfriend's two children was executed early Thursday in the first of three lethal injections scheduled for the same day in the U.S. Jeffrey Weisheit killed the children, ages 8 and 5, by setting fire to his girlfriend's house in the Evansville area in 2010.  The remains of 8-year-old Alyssa Lynch and 5-year-old Caleb Lynch were recovered from the ruins of a fire at their home in the Evansville area. Alyssa’s body was in a closet. Caleb’s body was on a mattress, restrained with duct tape. A railroad flare was in his underwear, and another was under his body. The children’s mother, Lisa Lynch, was at work at the time. She was in a relationship with Weisheit, but it was breaking down, investigators said. Weisheit spent 13 years on death row after his conviction. Weisheit died at the Indiana State Prison in Michigan City. The lethal injection started just after midnight, and he was pronounced dead at 12:45 a.m., according to Noelle Russell, ...

‘I’m Not Incompetent’ Christa Pike’s execution doctor, Mark Fowler, speaks.

Dr. Mark Fowler knew something was wrong after 45 minutes passed without word from the warden. In most cases, executions take no more than ten minutes. When he was summoned from his waiting room to the chamber next door, he saw 50-year-old Christa Pike, who’d received two lethal doses of pentobarbital that night, strapped to a gurney, gasping for air. “She’s not dead,” Fowler recalls the warden saying. “I thought, Well, in human beings there’s a spectrum of responses to medications and we’ll give it a few more minutes,” he says. Another half-hour passed. Fowler worried she might survive with irreversible brain damage. “She’s going to be in a permanent vegetative state with a quarter-million dollars in medical expenses.” He came back in and diagnosed her as comatose. The deputy commissioner ordered the execution to stop. Now, instead of taking part in Pike’s death, Fowler’s job was to bring her back to life.

USA | 3 states to carry out rare triple execution this week

If all three executions are carried out as planned, it will be the second triple execution in the U.S. this year, reflecting an overall uptick in the death penalty since the beginning of 2025. Three states are planning to carry out a rare triple execution this week on Nov. 5. Indiana is set to execute Jeffrey Weisheit, 50, by lethal injection for the 2010 murders of his girlfriend's two children, 8-year-old Alyssa Lynch and her 5-year-old brother, Caleb. The children were burned alive in their home.

Vigil planned ahead of high-profile Oklahoma inmate's execution

OKLAHOMA CITY (KOKH) — After the Oklahoma Pardon and Parole Board denied clemency for a high-profile death row inmate in Oklahoma, a local organization is protesting his execution. James Pavatt was sentenced to death for the 2001 murder of Rob Andrew, a 39-year-old Oklahoma City advertising executive and father of two. Evidence presented at Pavatt's trial showed that he began an affair with Andrew's wife, Brenda Andrew, in 2001. Prosecutors argued that the murder was especially cruel and that Pavatt killed Andrew for an $800,000 insurance policy.

Texas | Jury recommends death penalty for man convicted of killing San Benito police lieutenant

A Cameron County jury recommended the death penalty for Rogelio Martinez for killing a San Benito police lieutenant during a police chase in Brownsville.  Martinez stared forward as the judge announced the recommendation. Lt. Milton Resendez's family told Martinez in court that their lives will never be the same.  Resendez's wife and siblings walked past cameras and declined to speak with reporters. Inside the courtroom, where no audio or video recording was allowed, Resendez's sister Jackie raised her voice at Martinez during impact statements. 

Indiana Parole Board hears testimony on clemency for man scheduled for Nov. 5 execution

Jeffrey Weisheit set his house on fire in 2010, killing his girlfriend’s two young children he was watching.  The Indiana Parole Board will now make a recommendation in the coming days to Governor Mike Braun on whether to grant clemency to condemned killer Jeffrey Weisheit.  Jeffrey is scheduled to be executed by lethal injection on Nov. 5 for the 2010 murder of his girlfriend's 2 children in Vanderburgh County. 

US woman who survived botched execution says she's in constant pain

Convicted murderer Christa Pike said Friday that she is in constant pain, a month after surviving a botched execution attempt in the US state of Tennessee. "There hasn't been a moment since that night when I haven't been in pain," Pike said in a statement released by her lawyers. "My body hurts. My arms hurt. My hands hurt. My throat hurts," she said. "I still struggle to speak. And the pain isn't just physical. There is pain in my mind and in my soul."

François Mitterrand, the Justice Minister Who Sent 45 Men to the Guillotine

The socialist president celebrated for abolishing the death penalty in France sent 45 condemned men to the guillotine when he was Minister of Justice. In French political history, François Mitterrand is the father of the historic victory of May 1981. He remains associated with one of the greatest moral laws of the Fifth Republic: the definitive end of capital executions, carried through with Robert Badinter in the autumn of 1981.