Lawyers for a group representing Virgil Delano Presnell Jr. claim an accord icing executions during the pandemic would be violated if he's put to death.
May 17, 2022 / 4:01 AMGeorgia Department of Corrections via APA judge on Monday temporarily delayed the execution of a Georgia man who was scheduled to die Tuesday for killing an 8-year-old girl 46 years ago.
She was ruling in a lawsuit filed on behalf of Presnell's lawyers that alleged that by setting an execution date, the state violated an agreement that effectively put executions on hold during theLawyers for the state indicated they would appeal the judge's ruling so the execution could proceed as planned.
The judicial emergency ended in June, but prisons are still using a modified visitation policy and children under 5 still can't access the vaccine, Mike Caplan, a lawyer representing the defender program, argued in court. In late April, the attorney general's office informed Raulerson's attorney that the state intended to schedule Raulerson's execution for May 17, the lawsuit says. After Raulerson's attorney reminded a state attorney that she had agreed not to schedule the execution during his previously scheduled vacation, the state attorney told him Raulerson's execution wouldn't be scheduled until August at the earliest.
The clemency hearing lasted only an hour Monday morning and Brewerton-Palmer didn't call any witnesses or experts to testify or submit the dozens of witnesses she would otherwise have provided, Caplan said. Brewerton-Palmer had been working on Presnell's case, but it"was not on her radar as an emergency" because of the agreement, Caplan argued. He urged the judge to delay the execution to give Brewerton-Palmer time to complete her investigation and prepare properly for a new clemency hearing.
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