Skip to main content

Clemency Denied, Kelly Gissendaner Nears Execution in Georgia

Kelly Gissendaner
Kelly Gissendaner
ATLANTA — Georgia is poised to execute on Tuesday the only woman on its death row, hours after the state Board of Pardons and Paroles rejected her latest plea for clemency and nearly seven months after her execution was postponed because a drug used in the lethal injection had become “cloudy.”

The inmate, Kelly Renee Gissendaner, who was convicted of orchestrating her husband’s 1997 murder, is scheduled for execution Tuesday night at the Georgia Diagnostic and Classification Prison in Jackson, southeast of Atlanta.

Although Ms. Gissendaner’s lawyers have asked the federal courts to intercede, Tuesday’s decision by the five-member state board was a significant setback for a condemned inmate who drew wide attention for her spiritual development during her incarceration. The panel, which in February rejected a plea for mercy for Ms. Gissendaner, denied her latest request for clemency after it convened here in a closed session.

Ms. Gissendaner’s guilt in the death of her husband, Douglas, was uncontested, but her lawyers cited her “sincere remorse and acceptance of responsibility” in a filing this month to the board. Her supporters argue, in part, that her “good works in prison” justifies a stay and, ultimately, a commutation of her sentence to life imprisonment.

State officials and some members of Mr. Gissendaner’s family have said that her death sentence is appropriate.

“As the murderer, she’s been given more rights and opportunity over the last 18 years than she ever afforded to Doug who, again, is the victim here,” Mr. Gissendaner’s family said in a statement released by the district attorney’s office in Gwinnett County, where the murder took place. “She had no mercy, gave him no rights, no choices, nor the opportunity to live his life. His life was not hers to take.”

Ms. Gissendaner’s lawyers also argued that her sentence was inappropriately severe because she was not present for her husband’s murder and because Georgia has not executed a “non-trigger person” since the death penalty was reinstated in 1976.

That contention has drawn the endorsement of Norman S. Fletcher, a former Georgia Supreme Court chief justice, who said he “was wrong” when joined in a ruling while on the bench that went against Ms. Gissendaner.

On Monday, Mr. Gissendaner’s family noted Ms. Gissendaner’s lengthy experience with the legal process, as well as their own.

“Kelly chose to have her day in court and after hearing the facts of this case, a jury of her peers sentenced her to death,” the family said in its statement. “In the last 18 years, our mission has been to seek justice for Doug’s murder and to keep his memory alive. We have faith in our legal system and do believe that Kelly has been afforded every right that our legal system affords.”

Through a Vatican representative, Pope Francis urged Georgia officials to grant clemency on Tuesday, less than a week after he stood before Congress and called for the abolition of the death penalty.

“While not wishing to minimize the gravity of the crime for which Ms. Gissendaner has been convicted, and while sympathizing with the victims, I nonetheless implore you, in consideration of the reasons that have been presented to your board, to commute the sentence to one that would better express both justice and mercy,” Archbishop Carlo Maria Viganò, the Vatican’s ambassador to the United States, wrote in a letter on behalf of Francis.

The state board’s decision means that Ms. Gissendaner and her lawyers have few options remaining to stop her execution. In recent months, Ms. Gissendaner’s legal argument has partly focused on whether her postponed execution on March 2 amounted to a violation of the Eighth Amendment, which prohibits cruel and unusual punishment.

Then, after an earlier execution date had been set aside because of inclement weather, Georgia’s corrections commissioner canceled Ms. Gissendaner’s execution because of concerns about the state’s supply of pentobarbital, which it uses for lethal injections.

Georgia officials suspended executions amid a review of the state’s procedures, and they later said that the pentobarbital, obtained from a compounding pharmacy, had not been contaminated. Instead, they said it had precipitated, most likely because the drug was “shipped and stored at a temperature which was too low.”

A University of Georgia pharmaceuticals expert who assisted the state in its investigation also said that the cloudy appearance of the pentobarbital could have been linked to the process by which the drug was prepared.

After the postponed execution, Ms. Gissendaner’s lawyers argued that bumbling and fickle state officials had essentially forced Ms. Gissendaner to face “hours of unconstitutional torment and uncertainty — to which she had not been sentenced — while defendants dithered about whether they could execute her.”

That argument has so far failed. On Monday, Chief Judge Thomas W. Thrash Jr. of Federal District Court said he would not intervene because Ms. Gissendaner had not proved that the state’s conduct was “deliberately indifferent” to her mental state.

Ms. Gissendaner’s lawyers have appealed.

Source: New York Times, Alan Blinder, September 29, 2015


Georgia Scheduled to Execute Kelly Gissendaner

Despite pleas from human rights organizations and a petition signed by 90,000 supporters, the Georgia Board of Pardons and Paroles today denied clemency to Kelly Gissendaner. She is scheduled to be executed tonight.

Gissendaner, 46, was sentenced to death for planning the 1997 killing of her husband. The man who killed her husband was given a life sentence for testifying against her and will be up for parole in eight years.

Gissendaner has since completed a theological certificate through an educational program run by Emory University and has served as a pastoral advisor for other prisoners. Gissendaner’s children have called for clemency. Her execution will mark the first time Georgia has executed a woman in 70 years.

“It is unacceptable that this cruel and inhuman punishment should be allowed to continue,” said Steven W. Hawkins, executive director of Amnesty International USA. “The death penalty system is irrevocably broken. It is time to end it once and for all.”

Amnesty International USA opposes the death penalty in all cases without exception as cruel, inhuman and degrading punishment. As of today, 140 countries have abolished the death penalty in law or practice. The U.S. was one of only nine countries in the world that carried out executions each year between 2009 and 2013.

Source: Amnesty International USA, Sept. 29, 2015

Report an error, an omission: deathpenaltynews@gmail.com

Most viewed (Last 7 days)

Kansas AG urges governor to deny clemency to 8 sentenced to death

TOPEKA — Attorney General Kris Kobach on Tuesday urged the governor to deny clemency to Kansas inmates who have been sentenced to death. Eight of nine people sentenced to death in Kansas formally filed clemency requests in May, according to a press release from the Attorney General’s Office. Kobach urged Gov. Laura Kelly to reject them.

Idaho will soon turn to firing squad executions. Police will pull the triggers

Trained members of Idaho law enforcement with demonstrated firearms proficiency are expected to fill slots for carrying out the death penalty by firing squad as the state prison system transitions to the controversial execution method next month.  Six volunteers certified for no less than three years apiece through Peace Officer Standards and Training, or POST, will be recruited to ensure the Idaho Department of Correction is ready to comply with a state law that prioritizes shooting prisoners to death over lethal injection starting July 1.  No one on the team may have faced disciplinary action over firearms, use of force, or related conduct over the prior year, according to new execution protocols the prison system released this week. 

SCOTUS: Alabama can’t execute Jeffery Lee by nitrogen; Thursday execution called off

After a week of legal volleyball, Alabama death row inmate Jeffery Lee’s execution—scheduled for Thursday evening—was called off after federal courts called the state’s nitrogen gas execution method “likely unconstitutional.” The state took the fight to the U.S. Supreme Court, hoping Lee could still be put to death tonight.  In an order issued at 8:10 p.m., the U.S. Supreme Court ordered that it would not lift a ban on Alabama executing Lee via nitrogen . In a short court order, the justices denied Alabama’s motion to go ahead with the execution.  Associate Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch would have granted the appeal and let the execution proceed, according to the order. 

Alabama | Judge bars nitrogen gas execution, says method is unconstitutionally cruel

MONTGOMERY, Ala. -- A federal judge on Tuesday permanently blocked Alabama from executing an inmate with nitrogen gas after declaring it violates the ban on cruel and unusual punishment. U.S. District Judge Emily Marks issued the ruling hours after an appeals court reversed her initial finding that the method was constitutional. Marks permanently enjoined the state from executing Jeffrey Lee, 49, by nitrogen gas. He was scheduled to be executed Thursday. The decision, for now, blocks the use of the controversial new execution method that the state has championed since 2024, but the issue will likely end up before the U.S. Supreme Court.

With nitrogen gas blocked, Alabama seeks to execute inmate by lethal injection

Jeffery Lee, who successfully challenged his scheduled Thursday execution by nitrogen gas, argued that execution by firing squad would be less painful. The Alabama Attorney General’s Office Friday sought to put an Alabama death row inmate to death by lethal injection a day after the U.S. Supreme Court rebuffed the state’s attempt to execute him by nitrogen gas. In a filing with the Alabama Supreme Court Friday afternoon, the state sought an expedited motion to set a new execution date for Jeffery Lee, 49. The state said that with a permanent injunction in place against nitrogen gas, the method by which the state intended to execute Lee on Thursday, it could execute him by lethal injection or the electric chair.

20 Minutes to Death: Witness to the Last Execution in France

The following document is a firsthand account of the final moments of Hamida Djandoubi, a convicted murderer executed by guillotine at Marseille’s Baumettes Prison on September 10, 1977. The record—dated September 9—was written by Monique Mabelly, a judge appointed by the state to witness the proceedings. Djandoubi’s execution would ultimately be the last carried out in France before capital punishment was abolished in 1981. At the time, President Valéry Giscard d'Estaing—who had publicly voiced his "deep aversion to the death penalty" prior to his election—rejected Djandoubi’s appeal for clemency. Choosing to let "justice take its course," the President allowed the execution to proceed, just as he had in two previous cases during his term:   Christian Ranucci , executed on July 28, 1976 and Jérôme Carrein , executed on June 23, 1977. Hamida Djandoubi , a Tunisian national, was sentenced to death for killing his former lover, Elisabeth Bousquet. He was execu...

New Mississippi billboard warns criminals: ‘Firing squad is legal’

DESOTO COUNTY, Miss. (WREG) — A billboard standing on Interstate 55 southbound as you cross the Tennessee state line and enter Mississippi from Memphis is sending a grim message to those coming into the state. DeSoto County District Attorney Matthew Barton recently announced the new billboard campaign, which features the sign reading, “WELCOME TO MISSISSIPPI. WHERE THE FIRING SQUAD IS LEGAL. THINK TWICE.” It references Mississippi’s law permitting execution by firing squad under certain circumstances for inmates sentenced to death. Barton says this campaign is aimed at deterring violent crime and sends a direct message to criminals entering Mississippi.

US | Army lays groundwork for death row executions if Trump gives approval

The Army is preparing to carry out the executions of the military's four death-row inmates if ordered to do so by the president, according to an internal planning document reviewed by ABC News. If carried out, it would mark the first time the military executed convicted American inmates in more than a half-century The plan, dubbed "Operation Resolute Justice" and issued internally in February, directs Army officials to coordinate with the Federal Bureau of Prisons to transfer condemned prisoners from the U.S. Disciplinary Barracks at Fort Leavenworth, Kansas, to the federal execution facility in Terre Haute, Indiana, where the Justice Department carried out a series of non-military federal executions during President Donald Trump's first term.

Thomas, Alito and Gorsuch wanted an execution that a Trump judge deemed illegal

The Supreme Court these days is generally in the business of helping executions go forward. But on Thursday night, the court did something notable: It told Alabama no. Even then, the court wasn't unanimous. Justices Clarence Thomas, Samuel Alito and Neil Gorsuch dissented from the refusal to let the nitrogen gas execution of Jeffery Lee proceed. What prompted the rare rejection? In line with the typical shadow docket practice, the court didn't explain itself. Nor did the dissenters, who merely noted their disagreement. But a deeper look at the case helps us understand why a majority of the court was unwilling to help the state this time.

Texas | Tanner Horner now incarcerated at the Polunsky Unit

Convicted child killer Tanner Horner has now taken up residence in one of the most brutal death row prisons after being sentenced to die by a Texas jury last month. Horner is incarcerated at the Polunsky Unit, an infamously restrictive prison outside Houston where the state's death row inmates are housed in an all-solitary confinement wing and spend at least 22 hours a day in their 60-square-foot cells. The former FedEx deliveryman, 34, was booked at the notorious prison on May 5 within hours of being sentenced for the gruesome murder of Athena Strand, 7, whom he admitted strangling while delivering a Christmas gift to her home in November 2022.