atlanta — The Georgia Parole Board on Monday issued the death sentence Scheduled for Wednesday On hold, but it was unclear how long that would last.
The order suspending the execution of Stacey Humphries, signed by state Board of Pardons and Paroles Chairwoman Joette Holmes, provides no reason for the decision. The board also issued notice that Humphries’ clemency hearing scheduled for Tuesday morning “has been postponed until further notice.”
Humphreys, 52, was scheduled to receive a lethal injection at the state prison near Jackson. He was convicted of first-degree murder and other crimes in the 2003 killings of 33-year-old Cindy Williams and 21-year-old Lori Brown.
During a hearing on Petition for clemency On Monday afternoon, a parole board lawyer said she did not know how long the suspension would last. The execution order remains in effect until noon on December 24, meaning that if the execution is not carried out by then, the state will have to request a new order.
Kimberly McCoy, one of the board members whom Humphreys’ attorneys are seeking to remove, was a victim advocate with the Cobb County District Attorney’s Office at the time of Humphreys’ trial and was assigned to work with victims in the case. The other, Wayne Bennett, was the sheriff of Glynn County, where the trial was moved because of pretrial publicity, and Humphreys’ lawyers say he supervised the security of jurors and Humphreys himself during the case.
During Monday’s court hearing, it was established that McCoy agreed Sunday night to abstain from voting on the issue of Humphreys’ clemency application. But it was not clear what that meant, especially whether or not she was present and participating while the case was being discussed.
When Fulton County Superior Court Judge Robert McBurney asked what McCoy understood her abstention to mean, McCoy told the judge she would do whatever the court ordered her to do. The board’s attorney said her understanding of the abstention was that McCoy could be present during the clemency hearing and could ask questions but would not vote.
During cross-examination in court, Bennett testified that he did not believe his connection to Humphreys’ trial would have any impact on his handling of the case, and that he would consider the evidence and take appropriate action. In general, Bennett said, he was not directly involved in the day-to-day responsibilities related to trial security or sequestered jurors, and that those duties fell to his staff.
Three members of the Parole Board must vote on the pardon for it to be granted. Humphries’ lawyers say he has the right to have his clemency request heard by a five-member parole board without members having conflicts.
Tina Piper, the state’s attorney, said Humphreys had the right to vote on his request with a quorum of three members, not five. She also said the state constitution says the parole board must consist of five members, so the governor can’t appoint a temporary member because there would be six.
Williams and Brown worked as real estate agents in a sales office on a model home for a new subdivision in Powder Springs, a suburb about 20 miles (32 kilometers) northwest of Atlanta. Humphreys entered the sales office around midday on Nov. 3, 2003, and forced them to strip naked and give him their bank PIN numbers before shooting them, according to evidence presented at trial.
Humphreys withdrew more than $3,000 from the women’s bank accounts, according to court filings. He told police after his arrest that he had recently taken out some high-interest payday loans and needed money to pay off his truck.