A Georgia judge has put an execution scheduled for today on hold, saying the condemned, Stacey Humphries, is entitled to a hearing on whether his sentence should be reduced under a new state law that allows victims of abuse to have their sentences reconsidered.
Humphreys, 53, was convicted of malice murder and other crimes in the 2003 killings of 33-year-old Cyndi Williams and 21-year-old Lori Brown. He had been scheduled to be executed at 7pm ET today at the state prison near Jackson, Georgia.
But Cobb County Superior Court Judge Tyler Browning issued a stay of execution late Tuesday to allow for a hearing provided for under the Georgia Survivor Justice Act. The law directs judges to resentence people who are in prison and to impose shorter penalties during sentencing if the person can tie their crimes to abuse they suffered.
A lawyer for the state told the judge that if he ordered a stay, they would immediately appeal in hopes of keeping the execution on track for Wednesday evening.
During a hearing Tuesday, Humphreys’ lawyer, Brian Kammer, told Cobb County Superior Court Judge Tyler Browning that his client is a survivor of severe family violence and childhood abuse and “was severely damaged by this abuse and violence and it contributed significantly to his criminal behavior.”
Lawyers for Humphreys have argued that his death sentence was tainted by a biased juror who lied during jury selection and bullied other jurors into voting for a death sentence. As a result, they argue, Humphreys’ death sentence should be thrown out because he was denied his right to a fair trial.
During jury selection for Humphreys’ trial in September 2007, a juror said she had been the victim of armed robbery and attempted rape by an escaped convict but that she had been able to escape before he entered her home, according to court filings. But in the jury room, she told the other jurors that a man broke into her apartment and attacked her while she was naked in bed.
She had her mind made up, and when the other 11 jurors voted for life without parole on the second day of deliberations, she wouldn’t consider it, according to court filings. She screamed and vowed to stay there as long as it took to reach a death sentence, jurors told the judge they were deadlocked and a juror asked to be removed because of another juror’s “hostile” behavior, the filings say. Ultimately, the jury reached a unanimous death verdict.
The juror’s behavior surfaced through juror affidavits and testimony after the trial, and Georgia courts found that it was inadmissible evidence under a rule that generally doesn’t allow using juror testimony to impeach a verdict. Federal courts similarly found that Humphreys’ juror misconduct claim was procedurally barred.
A parole board denied clemency for Humphreys on Tuesday, CBS News Atlanta reports.
