Skip to main content

Georgia readies to resume executions after a 4-year pause brought by COVID and a legal agreement

An execution scheduled for next week would be the first in Georgia in more than four years. The state is trying to move past an agreement made amid the coronavirus pandemic that effectively halted lethal injections.

Willie James Pye, 59, is set to be put to death March 20. He was convicted of murder and other crimes in the November 1993 killing of his former girlfriend, Alicia Lynn Yarbrough.

Georgia last carried out an execution in January 2020. In April 2021, the state attorney general's office entered into an agreement with attorneys for death row prisoners to suspend executions for a certain group of prisoners and to establish conditions under which they could resume.

Here's a look at why it's been more than four years since Georgia has carried out an execution. 

GEORGIA'S HISTORY OF EXECUTIONS


After the U.S. Supreme Court reinstated the death penalty in 1976, Georgia resumed executions in 1983. The four-year break in executions caused by the coronavirus pandemic and related agreement was the longest pause since then. From 2010 to 2020, the state executed 30 people, including nine in 2016 and five in 2015.

Unlike some other states, Georgia hasn't had problems obtaining the drug it uses for lethal injections. Prison officials have said they get the sedative pentobarbital from a compounding pharmacy whose identity is shielded by state law. 

HOW THE PAUSE CAME ABOUT


Executions in Georgia stopped in 2020 because of the coronavirus pandemic. But court proceedings continued, meaning people on death row continued to become eligible for execution as they exhausted their appeals.

In early 2021, a committee of a judicial task force on COVID instructed lawyers for death row prisoners and the state attorney general's office to determine terms under which executions could resume. 

After negotiations, they entered into the agreement in April 2021. 

CONDITIONS FOR EXECUTIONS


Executions would not restart until six months after three conditions had been met, according to the agreement: the expiration of the state's COVID-19 judicial emergency, the resumption of normal visitation at state prisons and the availability of a COVID vaccine "to all members of the public." 

It also set minimum intervals for the spacing of executions once they resumed.

The agreement applied to death-sentenced prisoners whose requests to have their appeals reheard were denied by the 11th U.S. Circuit Court of Appeals while the judicial emergency was in place. 

The agreement was to remain in effect through Aug. 1, 2022, or one year from the date on which the conditions were met — whichever was later. 

EXECUTIONS KEPT ON HOLD


State officials obtained an execution order in April 2022 for Virgil Delano Presnell Jr., setting his execution for May 17, 2022. But Presnell's lawyers with the Federal Defender Program sued, saying the state had violated the agreement. The judicial emergency had expired in June 2021, but they argued the other conditions remained unmet.

A Fulton County Superior Court judge halted the execution less than 24 hours before it was to take place. The state Supreme Court did not immediately rule on the state's appeal, so the stay order remained in place until after the execution window expired.

The Georgia Supreme Court ruled in December 2022 that the agreement was a binding contract. In a concurring opinion, Justice Charlie Bethel wrote that "everyone should be able to count on the state to honor its word."

The case returned to the lower court, and the two sides tried to reach a settlement. Lawyers for the state on Feb. 27 informed the lawyers for death row prisoners that further settlement negotiations were not worthwhile, a court filing by Pye's lawyers says. 

IS PYE COVERED BY THE AGREEMENT?


On Feb. 28, the day before the state obtained an execution order for Pye, his lawyers filed a motion for him to join the litigation over the agreement. They argued that the visitation and COVID vaccine requirements in the agreement were not yet fulfilled.

"We are beyond shocked and outraged by the fact that, in the midst of settlement discussions, the Attorney General's office was simultaneously acting to pursue the execution of Willie Pye, one of our clients included in those talks, and doing so without informing us or the Court," said Nathan Potek, who represents death row prisoners for the Federal Defender Program.

Pye's appeal was decided by the 11th Circuit in April 2021, before the judicial emergency ended, and that's the relevant date, his lawyers argued. But the three-judge panel of the appeals court didn't reject his case, instead tossing out his death sentence. The case was reheard by the full appeals court and, ultimately, the 11th Circuit denied his appeal in March 2023, nearly two years after the judicial emergency ended.

Pye's lawyers wrote that it took more than 24 hours to arrange a phone call with him after the execution order was issued. They added: "This is not normal or consistent with access to and availability to counsel that was previously possible, and it is unacceptable."

The state argued that the agreement was "expressly limited to a small subgroup of death eligible inmates." Pye is not in that group and is thus not exempt from execution while the litigation over the agreement is pending, the state says.

The judge agreed with the state, writing that the timeline of Pye's case is undisputed and leaves him outside of the group covered by the agreement. Pye's lawyers are seeking to take that decision to the state Court of Appeals.

Pye's lawyers also filed a new lawsuit last week accusing the state of violating the contract. And on Monday, they filed a federal lawsuit arguing that the state has unconstitutionally created two classes of death row prisoners — those covered by the agreement's protections and those who are not. 

A VICTIM'S FAMILY WEIGHS IN


Family members of Lori Ann Smith, an 8-year-old girl who was abducted and killed by Presnell as she walked home from school in May 1976, were upset and disappointed in 2022 when Presnell's execution didn't happen because of the litigation over the contract.

Now, nearly two years later, with executions set to resume but Presnell still shielded, they are "discouraged and frustrated," sitting "in some nightmare court limbo due to a civil case," they wrote in a statement. They wrote that it seems justice is "further away than ever" for Lori.

Source: The Associated Press, Staff, March 12, 2024

_____________________________________________________________________










SUPPORT DEATH PENALTY NEWS





Most viewed (Last 7 days)

Oklahoma Sets November Execution Date for Air Force Veteran Jim Pavatt Amid Claims of Wrongful Conviction

OKLAHOMA CITY — The Oklahoma Court of Criminal Appeals has scheduled the execution of Air Force veteran and longtime death row prisoner Jim Pavatt for Nov. 12, as his attorneys continue to challenge his conviction and contend that prosecutors relied on false arguments, disputed forensic evidence and an alleged confession they later described as bogus. Pavatt, who served nearly 22 years in the Air Force and rose to the rank of master sergeant, was convicted and sentenced to death for the 2001 killing of Rob Andrew in Oklahoma City. His execution is scheduled for the day after Veterans Day.

Indiana high court sets Nov. 5 execution date for convicted child killer

The court’s decision came a little more than two months after Indiana Attorney General Todd Rokita asked the justices to schedule Weisheit’s execution. State attorneys argued Weisheit had exhausted his state and federal appeals, had no active stay of execution, and could lawfully be put to death. The inmate’s attorneys opposed setting a date, saying they needed more time to pursue available legal proceedings and possible executive clemency. The defense additionally pointed to public records that it said showed the Indiana Department of Correction lacked the drugs needed to conduct an execution and had no lawful source from which to obtain them.

He Spent 27 Years on Death Row as a Wrongfully Convicted Man. What Comes Next?

23-hour solitary confinement. 115-degree heat. Jimmie Duncan is haunted by the decades he spent in Louisiana’s Angola Prison—and how, even after being released, he still isn’t truly free. Jimmie “Chris” Duncan wiped the sweat off his forehead as he assessed his temporary home from the parking lot of a rundown motel in central Louisiana. Sure, there’s drug dealing and prostitution, he said on a recent summer afternoon. And he suspected his neighbors were cooking meth on a floor below the room he paid $350 a week to rent.

Florida executes Harold Gene Lucas

Florida state officials executed 74-year-old Harold Gene Lucas by lethal injection on Tuesday evening, concluding a 50-year legal saga stemming from the 1976 murder of a 16-year-old girl in Bonita Springs. STARKE, Fla. -- A man convicted of killing a teenage girl who rejected his romantic advances and wounding two of her friends was put to death Tuesday in the first of three executions planned this month in Florida. Harold Gene Lucas, 74, was pronounced dead at 6:18 p.m. following a three-drug injection at Florida State Prison near Starke, authorities said. He was sentenced to death for the 1976 shooting attack on Jill Piper and the wounding of her friends, Richard Byrd Jr. and Terri Rice.

Hanging of Osaka Arsonist is Japan’s First Execution Under Takaichi Government

As a majority of the international community has abolished capital punishment. Japan and the U.S. are the only two countries in the Group of Seven leading industrialized nations that put people to death. The execution of Takami Sunao—an arsonist whose 2009 attack in Osaka killed five—on August 21, 2026, was Japan’s first use of capital punishment in just over a year. Over a Decade from Sentencing to Execution Takami Sunao was executed on August 21, 2026 , for a 2009 arson attack at an Osaka pachinko parlor that killed five people. In July 2009, Takami poured gasoline on the floor of a pachinko parlor in Osaka and set it alight, killing 5 customers and staff members and injuring 10 more. While the defense argued that he was in a state of diminished capacity, the Supreme Court finalized his death sentence in February 2016. The execution took place 17 years after the initial crime and 10 and a half years after the death sentence was finalized.

Algeria's President orders Penal Code amendment to introduce death penalty with immediate execution

The president has raised the possibility that some of the fires may have been criminally set and ordered authorities to investigate their causes and identify those responsible. Algerian President Abdelmadjid Tebboune has ordered amendments to the country’s penal code to allow the death penalty to be carried out against people convicted of deliberately setting forest fires, after a wave of devastating blazes killed 12 people and caused extensive damage across the country.

Florida | Jury recommends death sentence for Jeffrey Crum in killing of 12-year-old girl

BROOKSVILLE, Fla. — A Hernando County jury has recommended the death penalty for a 65-year-old man who was found guilty last week of raping and killing 12-year-old Jennifer Odom. Sentencing for Jeffrey Crum was held this week. Crum abducted Odom in 1993 after she stepped off her school bus in Pasco County. Her body was found in a Hernando County orange grove six days later.

Florida set to carry out 14th execution this year in the nation's busiest death chamber

MIAMI (AP) — A Florida man convicted of fatally shooting a 16-year-old girl who rejected his romantic advances and wounding two of her friends is set to be executed Tuesday in the first of three lethal injections scheduled this month in the state. Harold Gene Lucas, 74, is set to receive a three-drug injection at Florida State Prison near Starke starting at 6 p.m. He would be the 14th prisoner put to death this year in Florida, and Republican Gov. Ron DeSantis has already signed death warrants for two more executions set for later this September.

Ex-corrections officials urge governor to commute Kansas death sentences

Former Kansas corrections officials are urging Governor Laura Kelly to grant clemency to the state's death row inmates. Former Kansas Corrections Secretary Roger Werholtz has several reasons why he thinks the state should abolish the death penalty. Werholtz, who served as secretary from 2002 to 2010 and returned on an interim basis in 2019, uses his discussions with peers and family members of victims as well as experiences of seeing wrongly convicted people getting exonerated as his guiding points.

Japan executes man convicted of killing five in 2009 Osaka pachinko parlor arson

Japan on Friday announced the execution of a man convicted of killing five people after setting fire to an Osaka pachinko parlor in 2009, the first execution by Prime Minister Sanae Takaichi 's government as the country faces growing calls for more transparency and the abolition of capital punishment. The Justice Ministry said Sunao Takami, 58, was hanged to death earlier Friday. Takami in 2009 set fire to the crowded pachinko parlor in Osaka by spreading gasoline and throwing a lit match, engulfing the building, killing five and injuring 10 others, Justice Minister Hiroshi Hiraguchi said.