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)

Florida executes Michael Tanzi

Florida on Tuesday executed a death row inmate described by one local detective as a "fledgling serial killer" for the murder of a beloved Miami Herald employee. Florida executed Michael Tanzi on Tuesday, 25 years after the murder of beloved Miami Herald employee Janet Acosta, who was attacked in broad daylight on her lunch break in 2000.   Michael Tanzi, 48, was executed by lethal injection at the Florida State Prison in Raiford and pronounced dead at 6:12 p.m. ET. 

South Carolina executes Mikal Mahdi

Mikal Mahdi, 42, was executed for the 2004 murder of 56-year-old James Myers A man facing the death penalty for committing two murders was executed by firing squad on Friday, the second such execution in the US state of South Carolina this year. Mikal Mahdi, 42, was executed for the 2004 murder of 56-year-old James Myers, an off-duty police officer, and the murder of a convenience store employee three days earlier. According to a statement from the prison, "the execution was performed by a three-person firing squad at 6:01 pm (2201 GMT)," with Mahdi pronounced dead four minutes later.

Afghanistan | Four men publicly executed by Taliban with relatives of victims shooting them 'six or seven times' at sport stadium

Four men have been publicly executed by the Taliban, with relatives of their victims shooting them several times in front of spectators at a sport stadium. Two men were shot around six to seven times by a male relative of the victims in front of spectators in Qala-i-Naw, the centre of Afghanistan's Badghis province, witnesses told an AFP journalist in the city.  The men had been 'sentenced to retaliatory punishment' for shooting other men, after their cases were 'examined very precisely and repeatedly', the statement said.  'The families of the victims were offered amnesty and peace but they refused.'

USA | Why the firing squad may be making a comeback

South Carolina plans to execute Mikal Mahdi on Friday for the murder of a police officer, draping a hood over his head and firing three bullets into his heart. The choice to die by firing squad – rather than lethal injection or the electric chair – was Mahdi’s own, his attorney said last month: “Faced with barbaric and inhumane choices, Mikal Mahdi has chosen the lesser of three evils.” If it proceeds, Mahdi’s execution would be the latest in a recent string of events that have put the spotlight on the firing squad as a handful of US death penalty states explore alternatives to lethal injection, by far the nation’s dominant execution method.

I spent 16 years in solitary in South Carolina. This is what it did to me. | Opinion

South Carolinian Randy Poindexter writes about the effects 16 years of solitary confinement had on him ahead of South Carolina’s planned execution of Mikal Mahdi , who spent months in solitary as a young man. For 16 years, I lived in a concrete cell. Twenty-three hours a day, every day, for more than 3,000 days, South Carolina kept me in solitary confinement. I was a young man before I was sent to solitary — angry, untreated and unwell. I made mistakes. But I wasn’t sentenced to madness. That’s what solitary did to me. My mental health worsened with each passing day. At first, paranoia and depression set in. Then, hallucinations and self-mutilation. I talked to people who weren’t there. I cut myself to feel something besides despair. I could do nothing as four of my friends and fellow prisoners took their own lives rather than endure another day of torturous isolation.

South Carolina | Man who ambushed off-duty cop to face firing squad in second execution of its kind

Mikal Mahdi, 48, who was found guilty of killing an off-duty police officer and a convenience store worker, is the second inmate scheduled to executed by South Carolina's new firing squad A murderer who ambushed and shot an off duty police officer eight times before burning his body in a killing spree is set to become the second person to die by firing squad. South Carolina's highest court has rejected the last major appeal from Mikal Mahdi, 41, who is to be put to death with three bullets to the heart at 6pm on April 11 at the Broad River Correctional Institution in Columbia. Mahdi's lawyers said his original lawyers put on a shallow case trying to spare his life that didn't call on relatives, teachers or people who knew him and ignored the impact of weeks spent in solitary confinement in prison as a teen.

Louisiana | Lawyers of Jessie Hoffman speak about their final moments before execution

As Louisiana prepared its first execution in 15 years, a team of lawyers from Loyola Law were working to save Jessie Hoffman’s life. “I was a young lawyer three years out of law school, and Jessie was almost finished with his appeals at that time, and my boss told me we needed to file something for Jessie because he’s in danger of being executed,” Kappel said. Kappel and her boss came up with a civil lawsuit to file that said since they wouldn’t give him a protocol for his execution, he was being deprived of due process, and the lawsuit was in the legal process for the next 10 years.

Lethal Injection, Electric Chair, or Firing Squad? An Inhumane Decision for Death Row Prisoners

South Carolina resumed executions with the firing squad killing of Brad Sigmon last month. Mikal Madhi’s execution date is days away. The curtain shrieked as it was yanked open to reveal a 67-year-old man tied to a chair. His arms were pulled uncomfortably behind his back. The red bull’s-eye target on his chest rose and fell as he desperately attempted to still his breathing. The man, Brad Sigmon, smiled at his attorney, Bo King, seated in the front row before guards placed a black bag over his head. King said Sigmon appeared to be trying his best to put on a brave face for those who had come to bear witness.

Execution date set for prisoner transferred to Oklahoma to face death penalty

An inmate who was transferred to Oklahoma last month to face the death penalty now has an execution date. George John Hanson, also known as John Fitzgerald Hanson, is scheduled to die on June 12 for the 1999 murder of 77-year-old Mary Bowles.  The Oklahoma Court of Criminal Appeals on Tuesday set the execution date. The state’s Pardon and Parole Board has a tentative date of May 7 for Hanson’s clemency hearing, executive director Tom Bates said.

Arizona | The cruelty of isolation: There’s nothing ‘humane’ about how we treat the condemned

On March 19, I served as a witness to the execution of a man named Aaron Gunches, Arizona’s first since 2022. During his time on death row, he begged for death and was ultimately granted what is likely more appropriately described as an emotionless state-assisted suicide. This experience has profoundly impacted me, leading to deep reflection on the nature of death, humanity, and the role we play in our final moments. When someone is in the end stages of life, we talk about hospice care, comfort, care, easing suffering and humane death. We strive for a “good death” — a peaceful transition. I’ve seen good ones, and I’ve seen bad, unplanned ones.