Despite defense claims that DNA testing would clear "clouds of doubt" about Carlton Gary's guilt in Columbus' 1970s "Stocking Stranglings," Muscogee Superior Court Judge Robert Johnston again has rejected the condemned man's request that his execution be stayed until such tests are conducted.
In rejecting defense attorney Jack Martin's request that he reconsider his ruling denying the stay and the testing, Johnston wrote that he has carefully reviewed all the filings in the case, and he "understands and appreciates the gravity of this case for the defendant and for the state."
Martin filed his motion for reconsideration around 5 p.m. Wednesday. Johnston's denial was filed at 11:54 a.m. Thursday.
Martin said Wednesday that he will appeal to the Georgia Board of Pardons and Paroles when it meets to hear the Gary case at 9 a.m. Monday in Atlanta.
Gary's execution is set for 7 p.m. Wednesday at the state Diagnostic and Classification Prison in Jackson, Ga.