Condemned Stocking Strangler Carlton Gary's defense team has presented its case to the Georgia Board of Pardons and Paroles in a hearing that began at 9:20 a.m. The defense presentation ended shortly after noon.
"The board was very attentive, and we appreciate that," said Gary's lead counsel, Jack Martin of Atlanta. Board members asked questions as the presentation progressed, he said.
The meeting began with the board one member short, raising the possibility of Gary's being granted a stay of execution if that member can't quickly review a recording of the proceeding and vote today.
Board member Garland Hunt was in the hospital this morning, but was expected soon to see a doctor and to be able to catch up on the hearing in time to cast his vote by telephone, said Scheree Moore, the board's public affairs director.
The has four members plus the chair, Gale Buckner. The other members are Robert Keller, Milton "Buddy" Nix Jr., James Donald and Hunt.
Martin is pushing the board to stay Gary's execution for 90 days to DNA-test evidence he says could prove whether Gary is guilty of the brutal rapes and stranglings of older Columbus women in the late 1970s.
Also attending today's hearing were Gary's wife, Debra Gary, who described the proceeding as so "intense" that it was almost "mesmerizing."
Gary’s execution is scheduled for 7 p.m. Wednesday at the Georgia Diagnostic and Classification Prison in Jackson.
Martin's witnesses were:
-- Dr. Thomas David, a dentist testifying that a bite-mark mold made from a wound on victim Janet Cofer's left breast does not match Gary's lower teeth.
-- Roger Morrison, an authority on blood work, says semen tests used to link Gary to the crimes was flawed, and in fact should have excluded Gary as perpetrator.
-- Jim Covington, a former GBI agent, who says a shoeprint found on an air-conditioner outside Ruth Schwob's home is too small to match Gary's shoe size, and that while he was on a stranglings task force in the 1970s, he was told no useful fingerprints were found at the crime scenes. Investigators say they matched Gary's fingerprints to those found at four of the stranglings.
Schwob was attacked in her home by an intruder believed to be the Stocking Strangler, but survived by punching an alarm button that prompted neighbors to call police.
Arrested in 1984, Gary was convicted in three of the seven stranglings that terrorized Columbus in 1977 and ’78. The victims were: Florence Scheible, 89, on Oct. 21, 1977; Martha Thurmond, 69, on Oct. 25, 1977; and Kathleen Woodruff, 74, on Dec. 28, 1977.
He was implicated in other slayings to show a pattern of behavior, as the same killer is believed to have committed all seven stranglings, and to have attacked Schwob and another woman who survived. Investigators also have linked Gary to similar crimes in New York.
Martin argues that the Columbus Police Department holds evidence that may be suitable for DNA testing from the three cases in which Gary was convicted, and from the April 20, 1978, rape and strangulation of Cofer, 61.
Martin in the parole board application wrote that only with DNA testing can the board “make an accurate assessment as to whether Mr. Gary is in fact guilty of the crimes for which he was sentenced to death, or at least whether there is sufficient doubt to make a case for clemency.”
The parole board has the authority to change Gary’s sentence from death to life in prison.
Martin says the board by state law is empowered to conduct its own investigation into DNA evidence he claims could exonerate Gary.
Martin, in Gary’s application to the board, cites two lines in a state law: “The board, in considering any case within its power, shall cause to be brought before it all pertinent information on the person in question,” and, “The board may make such other investigation as it may deem necessary in order to be fully informed about the person.”
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. The Butts County court has jurisdiction over Jackon’s death-row prison.
After Muscogee Superior Court Judge Robert Johnston last week twice rejected Martin’s motions for an execution stay to conduct DNA tests, Martin appealed Johnston’s decision to the Georgia Supreme Court.
Also last week, Martin filed in U.S. District Court a request for funds to hire expert witnesses to testify before the parole board about a bite mark mold made from a wound found on victim Janet Cofer, and about semen testing the prosecution used in Gary’s 1986 trial, which Martin maintains was flawed.
When District Court Judge Clay Land denied Martin’s request on Friday, Martin filed notice of his intent to appeal Land’s decision to the 11th Circuit Court of Appeals.