Georgia

Georgia readies to resume executions after a 4-year pause brought by COVID and a legal agreement

Published

9 months ago

March 11, 2024

Georgia readies to resume executions after a 4-year pause brought by COVID and a legal agreement

ATLANTA — An execution scheduled for next week would be the first in Georgia in more than four years. The state is trying to move past an agreement made amid the coronavirus pandemic that effectively halted lethal injections.

Willie James Pye, 59, is set to be put to death March 20. He was convicted of murder and other crimes in the November 1993 killing of his former girlfriend, Alicia Lynn Yarbrough.

Georgia last carried out an execution in January 2020. Just over a year later, in April 2021, the state attorney general’s office entered into an agreement with attorneys who represent people on death row to temporarily suspend executions for a certain group of people on death row and to establish conditions under which they could resume.

Here’s a look at why it’s been more than four years since Georgia has carried out an execution.

After the U.S. Supreme Court reinstated the death penalty in 1976, Georgia resumed executions in 1983. The four-year break in executions caused by the coronavirus pandemic and a related agreement between the state and lawyers for people on death row was the longest pause since then. From 2010 to 2020, the state executed 30 people, including nine in 2016 and five in 2015.

Unlike some other states, Georgia has not appeared to have problems obtaining the drug it uses for lethal injections. Prison officials have said they get the sedative pentobarbital from a compounding pharmacy whose identity is shielded by state law.

Executions in Georgia stopped in 2020 because of the coronavirus pandemic. But court proceedings continued, meaning people on death row continued to become eligible for execution as they exhausted their appeals.

In early 2021, a committee of a judicial task force on COVID instructed lawyers who represent people on death row to work with the state attorney general’s office to determine terms under which executions could resume. After negotiations, they entered into the agreement in April 2021.

Executions would not restart until six months after three conditions had been met, according to the agreement: the expiration of the state’s COVID-19 judicial emergency, the resumption of normal visitation at state prisons and the availability of a COVID vaccine “to all members of the public.” It also set minimum time intervals for the spacing of executions once they resumed.

The agreement applied to death-sentenced prisoners whose requests to have their appeals reheard were denied by the 11th U.S. Circuit Court of Appeals while the judicial emergency was in place. The agreement was to remain in effect through Aug. 1, 2022, or one year from the date on which the conditions were met — whichever was later.

State officials obtained an execution order in April 2022 for Virgil Delano Presnell Jr., setting his execution for May 17, 2022. But Presnell’s lawyers with the Federal Defender Program sued, arguing the state had violated the agreement. The judicial emergency had expired in June 2021, but the lawsuit said the other two conditions remained unmet.

A Fulton County Superior Court judge agreed and halted the execution less than 24 hours before it was to take place. The state Supreme Court did not immediately rule on the state’s appeal, so the stay order remained in place until after the weeklong execution window had expired.

The Georgia Supreme Court ruled in December 2022 that the agreement was a binding contract. In a scathing concurring opinion, Justice Charlie Bethel wrote that “everyone should be able to count on the state to honor its word.”

The case returned to the lower court, where the two sides tried to reach a settlement agreement. Lawyers for the state on Feb. 27 informed the lawyers for people on death row that further settlement negotiations were not worthwhile, according to a court filing by Pye’s lawyers.

On Feb. 28, the day before the state obtained an execution order for Pye, his lawyers filed a motion for him to join the litigation over the agreement. They argued that the visitation and COVID vaccine requirements in the agreement were not yet fulfilled.

“We are beyond shocked and outraged by the fact that, in the midst of settlement discussions, the Attorney General’s office was simultaneously acting to pursue the execution of Willie Pye, one of our clients included in those talks, and doing so without informing us or the Court,” said Nathan Potek, who represents death row prisoners for the Federal Defender Program.

Pye’s appeal was decided by the 11th Circuit in April 2021, before the judicial emergency ended, and that’s the relevant date, his lawyers argued. But the three-judge panel of the appeals court didn’t reject his case, instead tossing out his death sentence. The case was reheard by the full appeals court and, ultimately, the 11th Circuit denied his appeal in March 2023, nearly two years after the judicial emergency ended.

Pye’s lawyers noted that their access to Pye remains extremely limited, saying it took more than 24 hours to arrange a phone call with him after the execution order had been issued. They added: “This is not normal or consistent with access to and availability to counsel that was previously possible, and it is unacceptable.”

The state argued that the agreement was temporary and was “expressly limited to a small subgroup of death eligible inmates.” Pye is not in that group and is thus not exempt from execution while the litigation over the agreement is pending, the state says.

The judge agreed with the state, writing that the timeline of Pye’s case is undisputed and leaves him outside of the group covered by the agreement. Pye’s lawyers are seeking to take that decision to the state Court of Appeals.

Pye’s lawyers also filed a new lawsuit last week accusing the state of violating the contract.

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Georgia

NC State football vs Georgia Tech score: Live updates, highlights from ACC game

Published

1 hour ago

November 21, 2024

Press Room

NC State football vs Georgia Tech score: Live updates, highlights from ACC game

The N.C. State Wolfpack and the Georgia Tech Yellow Jackets play in primetime on Thursday (7:30 p.m., ESPN) at Bobby Dodd Stadium in Week 13 of the college football season.

Coming off an idle week, the Wolfpack (5-5, 2-4 ACC) needs to win one of its final two games to become bowl eligible for the fifth straight season. But it won’t be an easy task taking on the Yellow Jackets (6-4, 4-3) in Atlanta, where N.C. State has lost 11 of 15 games in the series.

The Wolfpack hasn’t won at Georgia Tech since 2010.

NC State vs GT preview, prediction

Keep this page refreshed and bookmarked for live updates for N.C. State vs. Georgia Tech.

NC State vs Georgia Tech score

Live scoreboard:

What channel is NC State vs Georgia Tech today?

TV Channel: ESPN

Livestream: Fubo (free trial), ESPN+

Watch NCSU vs. GT on Fubo

N.C. State vs. Georgia Tech will be broadcast nationally on ESPN in Week 13 of the 2024 college football season. Matt Barrie and Dan Mullen will call the game from the booth at Bobby Dodd Stadium, with Harry Lyles Jr. reporting from the sidelines. Streaming options for the game include FUBO, which offers a free trial to new subscribers. Matt Chazanow, Johnny Evans and Tony Haynes will have the radio call on the Wolfpack Sports Network.

NC State vs Georgia Tech start time

Date: Thursday, Nov. 21

Start time: 7:30 p.m.

Buy NCSU vs GT tickets here

The N.C. State vs. Georgia Tech game starts at 7:30 p.m. from Bobby Dodd Stadium in Atlanta, Georgia.

NC State vs Georgia Tech history

Series record: Georgia Tech 20-11

NC State’s last win: 2020 (23-13)

Georgia Tech’s last win: 2019 (28-26)

NC State vs Georgia Tech prediction

Georgia Tech 30, N.C. State 23: The Yellow Jackets will remain undefeated at home behind a big effort from quarterback Haynes King. The Wolfpack will head to Chapel Hill for the regular-season finale, needing a win to play in the postseason.

NC State vs Georgia Tech spread, betting odds

Game lines and odds from BetMGM will be posted as they become available.

Spread: Georgia Tech is an 8.5-point favorite

Over/under: 52.5 points

Moneyline: N.C. State (+270), Georgia Tech (-350)

NC State vs Georgia Tech weather

Temperatures for kickoff will be around 44 degrees under clear skies in Atlanta, Georgia. Winds will be between 8-16 mph, with gusts up to 38 mph.

NC State vs Georgia Tech injury updates

This section will updated in the pregame.

NC State schedule 2024

Aug. 29: Western Carolina (W, 38-21)
Sept. 7: Tennessee (L, 51-10)
Sept. 14: Louisiana Tech (W, 30-20)
Sept. 21: at Clemson (L, 59-35)
Sept. 28: Northern Illinois (W, 24-17)
Oct. 5: Wake Forest (L, 34-30)
Oct. 12: Syracuse (L, 24-17)
Oct. 19: at Cal (W, 24-23)
Oct. 26: OPEN
Nov. 2: Stanford (W, 59-28)
Nov. 9: Duke (L, 29-19)
Nov. 16: OPEN
Nov. 21: at Georgia Tech (Thursday)
Nov. 30: at UNC

Georgia Tech schedule 2024

Aug. 24: Florida State (W, 24-21)
Aug. 31: Georgia State (W, 35-12)
Sept. 7: at Syracuse (L, 31-28)
Sept. 14: VMI (W, 59-7)
Sept. 21: at Louisville (L, 31-19)
Sept. 28: OFF
Oct. 5: Duke (W, 24-14)
Oct. 12: at UNC (W, 41-34)
Oct. 19: Notre Dame (L, 31-13)
Oct. 26: at Virginia Tech (L, 21-6)
Nov. 2: OFF
Nov. 9: Miami (W, 28-23)
Nov. 16: OFF
Nov. 21: NC State (Thursday)
Nov. 29: at Georgia

Rodd Baxley covers Duke, North Carolina and N.C. State for The Fayetteville Observer as part of the USA TODAY Network. Follow his ACC coverage on X/Twitter or Bluesky: @RoddBaxley. Got questions regarding those teams? Send them to rbaxley@fayobserver.com.

We occasionally recommend interesting products and services. If you make a purchase by clicking one of the links, we may earn an affiliate fee. USA TODAY Network newsrooms operate independently, and this doesn’t influence our coverage.

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Georgia

Critics accuse Georgia sheriff of silencing them on social media in lawsuit

Published

9 hours ago

November 21, 2024

Press Room

Critics accuse Georgia sheriff of silencing them on social media in lawsuit

Three Georgia residents are accusing Cobb County Sheriff Craig Owens of violating their free speech rights, alleging in a lawsuit that he silenced their critical opinions on Facebook following a viral incident in which he called deputies to a Burger King over a botched order.

The legal filing in U.S. District Court lists David Cavender – a Republican who unsuccessfully ran against Owens for the sheriff position this election season – as one of the plaintiffs.

“Defendant Craig Owens was displeased that certain persons, including the Plaintiffs, were publicly criticizing his performance as the Sheriff of Cobb County, Georgia,” the lawsuit says. “Instead of upholding the First Amendment and stomaching speech he found personally distasteful, Owens decided instead to utilize the powers of his office to censor the speech of Plaintiffs, and others, based on viewpoint.”

An attorney wrote that in October, in the weeks leading up to Election Day, a video that emerged of “Owens utilizing Cobb County Sheriff deputies to intercede in a personal dispute with Burger King employees became viral” and that the plaintiffs “had been leveling harsh criticism against Owens” over it and other matters.

GEORGIA SHERIFF CALLS DEPUTIES FOR HELP AFTER BECOMING UPSET THAT BURGER KING GOT HIS ORDER WRONG

READ THE FILING BELOW. APP USERS: CLICK HERE

In that March 2023 incident, three deputies were dispatched to the fast-food restaurant in Mableton with sirens blaring.

“Hey, do me a favor. I need to get, all I need is the owner name of whoever owns this damn facility or the manager,” Owens is heard telling one deputy who showed up on scene.

“I wanted her [to get his female passenger] a Whopper, no mayo, cut in half, right?” he continued.

The sheriff added: “I don’t need no damn money back no more. I just need to find out who owns this place so I can do an official complaint.”

The lawsuit says on Oct. 29 of this year, Owens put in place “sweeping restrictions” over who can post comments on the Cobb County Sheriff Office’s Facebook page.

EX-GEORGIA POLL WORKER INDICTED FOR MAILING BOMB THREAT TO POLLING PLACE: FBI

Cobb County Sheriff Craig Owens called his deputies to the Burger King on Veterans Memorial Highway in Mableton on March 4, 2023. (Cobb County Sheriff’s Office)

“On information and belief, these restrictions were put in place because of the viewpoint of commenters’ posts grew increasingly critical of Owens and his performance as Sheriff; in other words Owens put the restrictions in place to prevent the expression of a viewpoint,” the lawsuit says, adding that some of the posts made by the plaintiffs were deleted or hidden by the Sheriff’s Office Facebook account.

The Sheriff’s Office then wrote on Nov. 1 that it is “committed to providing a safe and respectful space on our social media channels.

“To keep our posts focused on community safety updates and educational info, we’ve turned off the comments feature,” it added.

The lawsuit is asking a judge to “declare the actions of Defendant Owens… to be view-point based restrictions in violation of the First Amendment”, prohibit his “unlawful practice of retaliatory censorship” and to prevent him “from deleting comments, blocking posters, or restricting commenters to those who are friends or referenced within posts,” among other damages.

The lawsuit against Cobb County Sheriff Craig Owens states the plaintiffs posted critical comments of him online following an incident involving the sheriff at a Burger King in Georgia last year. (Getty Images)

CLICK HERE TO GET THE FOX NEWS APP

Both the Cobb County Sheriff’s Office and the law firm that filed the lawsuit did not immediately respond Thursday to requests for comment from Fox News Digital.

Fox News’ Landon Mion contributed to this report.

Greg Norman is a reporter at Fox News Digital.

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Georgia

Lefty Georgia DA in Laken Riley case faces outrage after killer migrant avoids death penalty

Published

17 hours ago

November 21, 2024

Press Room

Lefty Georgia DA in Laken Riley case faces outrage after killer migrant avoids death penalty

The progressive Georgia district attorney who was prosecuting nursing student Laken Riley’s illegal immigrant killer refused to seek the death penalty even after removing herself from the case – drawing outrage when the defendant was sentenced to life without parole.

Athens-Clarke District Attorney Deborah Gonzalez, who appointed a special prosecutor to take over the prosecution of Jose Ibarra at the end of February amid criticism over her own prosecutorial record, laid out her soft-on-crime reforms when she assumed office in January 2021.

Gonzalez said her office would “no longer seek the death penalty” and when considering charging defendants, she would “take into account collateral consequences to undocumented defendants,” according to a copy of the district attorney’s policies shared by Georgia State Rep. Houston Gaines.

Ibarra, a 26-year-old Tren de Arangua gang member, was sentenced Wednesday to life without parole after being convicted of murdering the 22-year-old college student. His sentence angered many Republicans, including Gaines, who felt the killer should get the death penalty.

Gonzalez announced this spring would not seek the death penalty against Ibarra, stating, “our utmost duty is to ensure that justice is served and that the victim’s family is an integral part of the deliberation process.”

She also acknowledged critics will seek to “exploit this case for political gain,” but legal decisions must “always transcend political considerations,” according to WRDW.

The decision appears in line with what Gonzalez told staff in 2021.

“Cases which are legally eligible for the death penalty are eligible for sentences of life without parole and life with parole eligibility after serving thirty years,” she wrote.

“Both of these sentences constitute very substantial punishment. Decisions to seek the sentence of life without parole are a sentence of death in prison.”

She also reportedly said the office would take into account “collateral consequences to undocumented defendants,” when making charging decisions.

GOP lawmakers were incensed that Ibarra would not face the death penalty.

“If there was ever a case where the death penalty was appropriate, this is it,” Gaines tweeted Wednesday.

Meanwhile state Sen. Colton Moore called on the state attorney general to intervene.

“I am officially calling on Attorney General Chris Carr to file an emergency motion to intervene and demand the death penalty for the murderer of Laken Riley,” he tweeted.

“District Attorney Deborah Gonzalez let her radical political agenda stand in the way of justice. By refusing to seek the death penalty, she denied Laken’s family, friends, and community the full measure of justice they deserve.”

Georgia Rep. Marjorie Taylor-Greene also weighed in.

“Jose Ibarra deserves the death penalty,” she tweeted. “Just as Laken’s mother Allyson asked the judge, Laken’s evil (murderer) deserves exactly what he gave to Laken.”

Gonzalez lost her reelection bid this month by a 20-percentage point margin.

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