Monday, September 15, 2008
A Fulton County judge on Monday morning granted a stay of execution to condemned killer Jack Alderman, saying his death sentence is not to be carried out until he has a "meaningful" appointment with the state Board of Pardons and Paroles.
"If the state's going to impose the extreme penalty of death … due process of the law is never more important," Superior Court Judge Melvin Westmoreland said at the close of a 30-minute hearing.
Alderman was scheduled to be executed Tuesday at 7 p.m. for choking and bludgeoning his wife to death in Chatham County in 1974. He had sought an appointment to present his case before the parole board. But last week, the board denied him a hearing, saying it had enough information on the case.
Westmoreland said the execution should not be carried out until the board grants an in-person appeal for clemency by Alderman's legal team, with any witnesses that wish to give testimony.
The board routinely hears arguments and testimony from relatives and witnesses in clemency hearings. But the accused does not appear.
During Monday's hearing, Joseph Drolet of the state Attorney General's Office told Westmoreland that Alderman had the opportunity to have a hearing before the board last Octoer but turned it down. In the meantime, the board has considered reams of documents presented to it by Alderman's lawyers.
"The board has considered and considered and considered this," Drolet said. "That's all that's required of the board."
But Westmoreland noted that the board has granted in-person hearings for other condemned killers seeking clemency.
"How hard, how difficult would it before the state takes someone's life, as a matter of grace … for you to have this hearing?" Westmoreland asked.
Drolet said all it would take would be to assemble the five-person board. But that was not legally required and, he asserted, Alderman's lawyers are just seeking to delay the execution.
But Jim Ringer, one of Alderman's lawyers, said if the board wants to schedule a hearing on Tuesday, he would be ready.
"Whatever the circumstances, we're ready to go," Ringer said.
Alderman's is one of two high-profile death cases in which executionis set for this month.
On Friday, the pardons and paroles board refused to grant clemency to convicted cop-killer Troy Anthony Davis.
Barring the success of last-minute appeals, he is scheduled for execution by lethal injection on Sept. 23.
Source: The Atlanta Journal-Constitution
A Fulton County judge on Monday morning granted a stay of execution to condemned killer Jack Alderman, saying his death sentence is not to be carried out until he has a "meaningful" appointment with the state Board of Pardons and Paroles.
"If the state's going to impose the extreme penalty of death … due process of the law is never more important," Superior Court Judge Melvin Westmoreland said at the close of a 30-minute hearing.
Alderman was scheduled to be executed Tuesday at 7 p.m. for choking and bludgeoning his wife to death in Chatham County in 1974. He had sought an appointment to present his case before the parole board. But last week, the board denied him a hearing, saying it had enough information on the case.
Westmoreland said the execution should not be carried out until the board grants an in-person appeal for clemency by Alderman's legal team, with any witnesses that wish to give testimony.
The board routinely hears arguments and testimony from relatives and witnesses in clemency hearings. But the accused does not appear.
During Monday's hearing, Joseph Drolet of the state Attorney General's Office told Westmoreland that Alderman had the opportunity to have a hearing before the board last Octoer but turned it down. In the meantime, the board has considered reams of documents presented to it by Alderman's lawyers.
"The board has considered and considered and considered this," Drolet said. "That's all that's required of the board."
But Westmoreland noted that the board has granted in-person hearings for other condemned killers seeking clemency.
"How hard, how difficult would it before the state takes someone's life, as a matter of grace … for you to have this hearing?" Westmoreland asked.
Drolet said all it would take would be to assemble the five-person board. But that was not legally required and, he asserted, Alderman's lawyers are just seeking to delay the execution.
But Jim Ringer, one of Alderman's lawyers, said if the board wants to schedule a hearing on Tuesday, he would be ready.
"Whatever the circumstances, we're ready to go," Ringer said.
Alderman's is one of two high-profile death cases in which executionis set for this month.
On Friday, the pardons and paroles board refused to grant clemency to convicted cop-killer Troy Anthony Davis.
Barring the success of last-minute appeals, he is scheduled for execution by lethal injection on Sept. 23.
Source: The Atlanta Journal-Constitution
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