Fugate Stayed Today

[toe]

Fugate wins stay of execution
The Atlanta Journal-Constitution: 6/18/02

Citing the "magnitude of the death penalty," a Fulton County judge Tuesday halted the execution of convicted killer Wallace Fugate less than three hours before he was to be put to death by lethal injection.

Superior Court Judge John J. Goger ordered Fugate's execution be delayed until Gov. Roy Barnes fills the fifth and final vacancy on the Board of Pardons and Paroles and until a full board considers Fugate's clemency petition.

The state Attorney General's Office appealed Goger's order to the Georgia Supreme Court. But the state high court declined to consider the case Tuesday evening.

Goger noted that both the state Constitution and Georgia law state that the Board of Pardons and Paroles "shall consist of five members." And the judge said that the Georgia Constitution "unequivocally provides" that the "full board shall have an opportunity to hear the [clemency] application of the convicted person" sentenced to death.

Goger also said he found significant the fact that the board has never considered a death penalty clemency petition without all five board members presiding.

"Further," Goger added, "the opportunity to present a case for clemency is unique and firmly rooted in our criminal justice system. A fifth board member might be persuaded by the petitioner's case and may well be able to move others on the board to favorably consider a reprieve."

Weighing the state's interests vs. Fugate's also made the decision easier, Goger said. If he were to agree with the state, Fugate would be put to death, Goger noted, whereas the state will only be "inconvenienced temporarily" if he halts the execution until the board has all five members in place

[soraya]

it's good news to hear that another one got a stay. let's hope they won;t execute him at all!

[sherri13]

I HOPE SO TOO SORAYA