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Tuesday, Dec. 15, 2009

Parole board still deliberating Carlton Gary's request for stay, DNA testing

Execution still set for 7 p.m. Wednesday

- tchitwood@ledger-enquirer.com
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The Georgia Board of Pardons and Paroles today continued to deliberate condemned Columbus Stocking Strangler Carlton Gary's request that his Wednesday execution be stayed to DNA-test evidence in the 1970s rapes and strangulations of elderly Wynnton-area women.

After hearing about seven hours of testimony Monday in the case, the board had to communicate remotely with one member who was hospitalized that morning.

At 5 p.m. Monday, Scheree Moore, the board’s public affairs director, said a decision on Gary’s case seemed unlikely that evening, and might not be made until this morning.

Around 11 a.m. today, Moore said deliberations were continuing.

Gary’s parole board hearing is among several last-minute appeals currently moving through the legal system. On Friday, his attorney filed a petition in Butts County Superior Court, challenging the conviction by pointing out crime-scene evidence that did not match Gary.

Butts County Superior Court Judge Thomas Wilson on Monday dismissed that petition, which also sought a stay of execution for evidence in the case to be DNA tested. The Butts County court has jurisdiction over the Georgia Diagnostic and Classification Prison, where Gary is on death row and scheduled to die by lethal injection at 7 p.m. Wednesday.

Gary's attorneys also have an appeal pending before the Georgia Supreme Court.

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