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.
Georgia
Georgia readies to resume executions after a 4-year pause brought by COVID and a legal agreement
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.
Live updates from Athens, Georgia as the Bulldogs take on Liberty in game two of the Athens Regional.
The Georgia Bulldogs are back in action this afternoon as they are set to take on the Liberty Flames for game two of the Athens regional. The Dawgs are coming off a dominant victory over Long Island =, in a game that concluded earlier this morning following a rain delay.
With a win, the Bulldogs will advance to face the winner of a matchup between Liberty and the victor of Boston College and Long Island. First pitch for that game is scheduled to take place this Sunday at 5 p.m. As action continues in Athens, stay tuned with Bulldogs on SI for more updates from today’s game.
Georgia Bulldogs vs Liberty Flames Live Updates:
Editor’s Note**: This article will be updated periodically as action continues throughout today’s game
Top of the First (UGA at Bat)
- Tre Phelps singles to left center field for his first hit of the afternoon.
- Daniel Jackson homers to right center field. Georgia leads 2-0.
- Rylan Lujo flies out to right field.
- Brennan Hudson is walked on a 3-1 count.
- Kenny Ishikawa flies out to right field.
- Ryan Wynn grounds out to second base to retire the side. Georgia leads 2-0.
Bottom of the First (Liberty at Bat)
- Tanner Marsh singles to the pitcher.
- Riley DeCandido strikes out swinging.
- Tanner Marsh steals second to put a runner in scoring position.
- Jordan Jaffe singles to right center field. Tanner Marsh scores. Georgia leads 2-1.
- Jaxon Sorenson is walked on a full count. Jaffe advances to second.
- Nick Barone reaches first on a fielder’s choice. Sorenson is tagged out at second. Jaffe advances to third and scores on a throwing error. Game is tied 2-2.
- Nick Barone is tagged out trying to steal second to retire the side. Game is tied 2-2.
Top of the Second (UGA at Bat)
- Jack Arcamone flies out to right field.
- Kolby Branch is walked on a full count.
- Ryan Black fouled out to the catcher.
- Tre Phelps is walked on a full count. Branch advances to second.
- Daniel Jackson is walked. Tre Phelps advances to second. Kolby Branch advances.
- Rylan Lujo grounds out to third to retire the side. Game is tied 2-2.
Bottom of the Second (Liberty at Bat)
- Easton Swofford grounds out to shortstop.
- Landon Scilley is walked on a 3-1 count.
- Kyle Hvidsten is walked on a 3-0 count. Scilley advances to second.
- Josh Campos lines out to right field.
- Tanner Marsh strikes out swinging to retire the side. Game is tied 2-2.
Top of the Third (UGA at Bat)
- Brennan Hudson flies out to right field.
- Kenny Ishikawa homers to right field. Georgia leads 3-2.
- Ryan Wynn homers to center field. Georgia leads 4-2.
- Nick Arcamone singles to right field.
- Kolby Branch pops up to shortstop.
- Ryan Black flies out to right field.
Bottom of the Third (Liberty at Bat)
- Riley DeCandido flies out to left field
- Jordan Jaffe grounds out to the pitcher.
- Jaxon Sorenson flies out to center field to retire the side. Georgia leads 4-2.
Top of the Fourth (UGA at Bat)
- Tre Phelps grounds out to shortstop.
- Daniel Jackson strikes out swinging on a full count.
- Rylan Lujo singles to left field.
- Brennan Hudson singles through the right side. Lujo advances to second.
- Kenny Ishikawa is walked on a full count. Hudson advances to second, Lujo advances to third.
- Ryan Wynn reaches first on a fielder’s choice. Ishikawa is tagged out at second to retire the side. Georgia leads 4-2.
Bottom of the Fourth (Liberty at Bat)
- Nick Barone grounds out to shortstop.
- Easton Swofford strikes out swinging.
- Landon Scilley grounds out to shortstop to retire the side. Georgia leads 4-2.
Top of the Fifth (UGA at Bat)
- Nick Arcamone strikes out swinging.
- Kolby Branch strikes out looking on a 1-2 count.
- Ryan Black singles to first base.
- Tre Phelps grounds out to third base to retire the side. Georgia leads 4-2.
Bottom of the Fifth (Liberty at Bat)
Top of the Sixth (UGA at Bat)
Bottom of the Sixth (Liberty at Bat)
Top of the Seventh (UGA at Bat)
Bottom of the Seventh (Liberty at Bat)
Top of the Eighth (UGA at Bat)
Bottom of the Eighth (Liberty at Bat)
Top of the Ninth (UGA at Bat)
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JACKSONVILLE, Fla. – Storm activity is expected to fire up around midday, starting inland from the Gulf sea breeze. From there, storms will track eastward at 20-25 mph, and that faster movement is actually good news for flooding concerns.
Some minor, temporary flooding is possible through tonight, especially in low-lying areas and spots that typically flood during heavy rain events.
The best chances for stronger storms and heavier rainfall will be north and near I-10 during the afternoon and evening hours.
The Weather Prediction Center has placed roughly the northern two-thirds of the area under a marginal risk of excessive rainfall.
What to expect through the night
Rain chances will stay elevated into the evening but should taper off after midnight. However, inland Northeast Florida could see a late round of showers or storms develop due to enhanced west coast sea breeze.
Gusty winds and frequent lightning can’t be ruled out. Always have your indoor plan ready to go for shelter access.
Cooler temperatures, patchy fog round out the forecast
High temperatures will run below average, topping out in the mid-to-upper 80s. Overnight lows will range from the upper 60s to near 70 degrees across inland Southeast Georgia, with mid-70s expected closer to the Atlantic coast.
Patchy fog is expected early this morning and again Sunday morning. Brief periods of dense fog are possible, so drivers should use caution on the roads during those early morning hours.
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Georgia baseball will resume its NCAA Athens Regional game with Long Island at 9 a.m. on Saturday, May 29, after persistent rain—heavy at times—forced the suspension of the game.
The Bulldogs have a commanding 15-1 lead with nobody out in the bottom of the sixth.
The teams and some fans waited out a delay that started 7:14 p.m.
The game was suspended officially at 9:06 p.m. Long Island players were already grabbing their equipment in the dugout to depart for the team hotel before then.
The winner of Georgia-LIU will play No. 3 seed Liberty Saturday in the double-elimination tournament in a game scheduled for 5 p.m.
The loser will play No. 2 seed Boston College at noon.
The No. 3 national seed Bulldogs hit six homers before the game was delayed due to heavy rain.
There was a 53 percent chance of rain at 9 a.m. Saturday, according to weather.com, decreasing to 17 percent at 11 a.m., but there’s a threat of storms in the afternoon.
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