Stacey Humphreys appeal: Defense alleges extreme jury misconduct in 2003 murder case
Condemned killer asks for new trial in 2003 double murder
Stacey Humphreys is scheduled for execution by lethal injection on September 16th, 2026 for the double murder of two realtors in Cobb County in 2003. Humphreys is now asking for a new trial.
MARIETTA, Ga. - A judge promised a swift decision following a high-stakes court hearing Thursday to determine whether Stacey Humphreys will face lethal injection next week for the 2003 murders of Cobb County realtors Cyndi Williams and Lori Brown.
Stacey Humphreys court hearing
What we know:
Stacey Humphreys joined a Cobb County court hearing virtually from state prison Thursday as his defense team made a final push for a new trial.
Humphreys is scheduled to be executed Sept. 16 for the 2003 murders of Georgia realtors Cyndi Williams and Lori Brown.
Defense attorney Jill Benton accused a juror from the 2007 trial of extreme misconduct, arguing she lied during jury selection to hide bias, refused to consider alternative sentences and verbally attacked the other 11 jurors.
Benton stated that the trial safeguards failed in what she called a once-in-a-century set of circumstances.
What we don't know:
The court has not yet indicated when or how the judge will rule on the motion for a new trial.
Jury misconduct allegations presented
What they're saying:
Defense attorneys noted that when jurors asked the trial judge for help with a holdout, their concerns were ignored.
The defense presented testimony from the jury foreman, who said she only voted for the death penalty under duress, while attorney Jimmy Berry testified that the jury was clearly under extreme pressure.
"Polling was done and they all agreed, even though some of them appeared to be upset," Berry said.
The other side:
Lead State Attorney Sabrina Graham dismissed the defense's claims as a character assassination of a juror two decades after the trial.
Graham argued the claims rely on hearsay and speculation, noting that appellate courts previously found no prejudice.
"The fact that they didn't get this evidence and bring this claim when they could have, that's on them," Graham said. "It's not on the court to come back and clean up something that could have happened over 15 years ago."
What's next:
Following arguments from both sides, the judge indicated that he will issue a quick decision given the urgency of the scheduled execution.
The Source: The information in this story was gathered from FOX 5 reporter Deidra Dukes, who covered the court hearing in Cobb County, as well as court testimony from defense attorneys Jill Benton and Jimmy Berry, and Lead State Attorney Sabrina Graham. Previous FOX 5 Atlanta reporting was also used.