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May 3, 2018

An uncertain execution stay for uncertain reasons from the Georgia Board of Pardons and Paroles

As reported in this AP piece, "Georgia's parole board on Wednesday issued a decision halting the scheduled execution of a condemned inmate less than 24 hours before he was set to be put to death." Here is more about the decision that strikes me as full of uncertainties:

Robert Earl Butts Jr., 40, had been scheduled to die at 7 p.m. Thursday at the state prison in Jackson.  The State Board of Pardons and Paroles issued its decision just before 8:30 p.m. Wednesday to grant a stay of up to 90 days to give board members more time to consider the case.

"Due to the considerable amount of additional information the Board has received regarding the case and because the Board understands the importance and seriousness of its authority and responsibility, a stay was issued," board spokesman Steve Hayes said in an emailed statement....  The board could issue a final decision in the case during the stay period or at the end of the 90 days, Hayes said. 

Earlier Wednesday, the board held a closed-door hearing to listen to arguments for and against clemency for Butts.  A judge in the Superior Court of Baldwin County, where Butts was sentenced to death, last month issued the order for the execution to be carried out within a window starting Thursday and ending May 10.  If the board decides to lift the stay and denies clemency within that period, the execution could go forward without a new execution order.

The board also has the option to commute Butts' death sentence to a sentence of life in prison with or without the possibility of parole.

Butts and Marion Wilson Jr., 41, were convicted of murder and armed robbery in the March 1996 slaying of Donovan Corey Parks in central Georgia.  The two men asked Parks for a ride outside a Walmart store in Milledgeville and then ordered him out of the car and fatally shot him a short distance away.  Prosecutors have said Butts fired the fatal shot.

Authorities said Butts and Wilson were gang members who had gone looking for a victim when they drove Butts' car to the Walmart store.  Juries in separate trials found sufficient evidence to sentence both men to death because Parks was killed during the commission of an aggravating felony, armed robbery.  Wilson's case is still pending in the courts.

Butts' attorneys had asked the parole board in a clemency application filed last week to spare his life.... His attorneys insisted in the clemency application that Butts wasn't the shooter. A jailhouse witness, Horace May, who testified at trial that Butts confessed to being the shooter has now signed a sworn statement saying he made the story up out of sympathy for Wilson, whom he also met in jail....

Butts' attorneys also argued in his clemency petition that the single aggravating factor wouldn't warrant a death sentence in Georgia today.  They also ask the board to consider commuting Butts' sentence to life in prison after weighing abuse and neglect during Butts' childhood, the fact that he was just 18 when the crime occurred and that he has expressed remorse.

Butts' lawyers submitted a supplement to the clemency application to the board at the clemency hearing Wednesday. In that supplement, they argued that evidence in the case indicates that Wilson consistently had possession of the gun used to kill Parks. They also said there's no evidence that Butts was a member of a gang or that Parks' killing was gang-related. They wrote that the fact that the two tried to sell the car at a chop shop shows the crime was financially motivated.

Because Georgia sets a week for an execution time, it seem possible that the clemency petition will be denied in the coming days and the execution still goes forward. Thus, I find it uncertain whether this stay connotes a real likelihood that this defendant will avoid execution in the coming day. And that uncertainty is itself built on top of uncertainty about what the Georgia Board might be finding troubling in this case.  Notably, this local article provides this account of the last time this kind of stay was granted and its aftermath: "The last time the board stayed an execution was on April 17, 2012. Daniel Green was scheduled to be executed for a 1991 Taylor County murder. The board commuted Green’s sentence to life without parole on April 20, 2017."

May 3, 2018 at 11:25 AM | Permalink

Comments

Ridiculous.

Victim's family deserves much much better,

Posted by: federalist | May 3, 2018 1:44:59 PM

Given that both received death sentences I really don't see that it matters which fired the shot, the jurors were convinced that regardless of which one did so the other deserved to die as well.

Posted by: Soronel Haetir | May 3, 2018 5:25:46 PM

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