Juror misconduct claims emerge weeks before Stacey Humphreys' execution date
Stacey Ian Humphreys (GDOC)
ATLANTA - A death row inmate scheduled to die by lethal injection next week is asking a Cobb County court for a new sentencing trial, alleging a dishonest juror improperly forced a death sentence.
Cobb County death row request
What we know:
Attorneys for Stacey Humphreys filed a motion in Cobb Superior Court requesting a new sentencing trial, with two hearings set for this week, according to legal documents.
Superior Court Judge Tyler Browning will hear arguments on whether Humphreys should get another chance to be taken off death row before his scheduled execution next week.
Defense attorney Jill Benton explained that the goal is to have an unbiased jury determine sentencing rather than deliberating guilt.
Allegations of juror misconduct
What they're saying:
Court documents detail that during jury selection, one juror lied about being a sexual assault victim to get on the jury, later stating she would only consider a death sentence. While the jury was deadlocked 11-1 in favor of life without parole, the woman allegedly lied to other jurors by claiming Humphreys could walk free if a mistrial occurred.
Timeline of murder conviction
Timeline:
Humphreys was convicted in 2007 for the 2003 murders of west Cobb real estate agents Cindy Williams and Lori Brown.
According to state corrections records, 76 men and one woman have been executed in Georgia since the U.S. Supreme Court reinstated the death penalty in 1976. Humphreys would be the 55th inmate in the state put to death by lethal injection.
Jackson prison execution details
What we don't know:
It remains unknown if Judge Browning will grant the motion or delay the execution, which is set for Wednesday at 7 p.m. at the Georgia Diagnostic and Classification State Prison in Jackson.
What's next:
An extraordinary motion for a new sentencing hearing will take place at 9:30 a.m. in Cobb County Superior Court. The following day, a motions hearing will take place at 2 p.m.
The Source: The information in this story was gathered from court records and the Marietta Daily Journal, which reported on court filings and spoke with defense attorney Jill Benton, as well as a media advisory from the Georgia Department of Corrections. FOX 5 Atlanta producer Josh Voight spoke with Benton by phone to confirm the details in this article. Previous FOX 5 Atlanta reporting was also used.