Georgia execution put on hold after a judge granted a hearing to determine whether the inmate’s sentence should be reduced under a new state law designed for survivors of abuse.
Cobb County Superior Court Judge Tyler Browning late Tuesday ordered a stay for 53-year-old Stacey Humphreys, who was set to be executed at 7 p.m. ET Wednesday at the state prison near Jackson. Humphreys was convicted of malice murder and other offenses in the 2003 killings of real estate agents Cyndi Williams, 33, and Lori Brown, 21.
Georgia execution put on hold under Survivor Justice Act
The stay allows for a hearing under the Georgia Survivor Justice Act, which directs courts to resentence incarcerated people or impose shorter terms if they can show their crimes were connected to abuse they experienced. The state quickly appealed, asking the Georgia Supreme Court to rule that Humphreys is not eligible for reconsideration under the statute.
The high court declined to intervene before the scheduled execution time, leaving the stay intact. Georgia’s Supreme Court said it will take up the state’s appeal on the new law in the ordinary course and will issue a scheduling order.
Judge Browning noted he would consider lifting the stay if an appellate court rules before the execution time that Humphreys is not entitled to a hearing.
Defense cites history of violence and abuse
At a Tuesday hearing, defense attorney Brian Kammer told Judge Browning that Humphreys is a survivor of severe family violence and childhood abuse, and that those experiences significantly contributed to his criminal conduct. The State Board of Pardons and Paroles denied clemency on Tuesday, according to officials.
Humphreys’ execution had previously been paused over concerns about the clemency process. Humphreys’ attorneys have also pointed to other death penalty cases, including situations where prosecutors later chose not to seek capital punishment, such as in the Nick Reiner death penalty case.
Details of the 2003 killings
Prosecutors said Williams and Brown were working at a model home sales office in Powder Springs on Nov. 3, 2003, when Humphreys entered around midday, forced them to undress and provide bank PINs, then fatally shot them. Court filings state Humphreys withdrew more than $3,000 from their accounts.
After his arrest, Humphreys told police he had taken out high-interest payday loans and needed money for a truck payment. Witnesses reported seeing a man matching Humphreys’ description and a black Dodge Durango at the scene.
Days later, when officers attempted to question him at his Dunwoody residence, he fled. He was arrested in Wisconsin following a high-speed chase.
Other legal challenges and clemency dispute
In addition to seeking resentencing under the Survivor Justice Act, Humphreys’ attorneys have argued that his death sentence was tainted by a biased juror who allegedly lied during jury selection and pressured others to vote for death. Courts have repeatedly rejected those claims on procedural grounds.
Last year, U.S. Supreme Court Justice Sonia Sotomayor, joined by two colleagues, wrote that the issue warranted further examination rather than remaining blocked by procedural barriers. The U.S. Supreme Court did not, however, ultimately halt the execution based on those concerns.
Humphreys’ legal team also objected to the clemency review being conducted by only four of the five members of the State Board of Pardons and Paroles. A judge ordered one member to recuse due to prior work as a victim advocate with the Cobb County district attorney’s office involving the victims in this case.
The parole board nevertheless denied clemency on Tuesday. Information on Georgia’s clemency process is available from the State Board of Pardons and Paroles.
