Wednesday, February 17, 2010

GEORGIA'S VERY DIFFERENT ATTITUDE TOWARDS POST-CONVICTION DNA TESTING (AS CONTRASTED WITH TEXAS) : STANDDOWN TEXAS PROJECT:

The Texas StandDown project points out very different attitude toward post-conviction DNA between Georgia and Texas in a post which ran earlier today under the heading "Post-Conviction DNA Testing - Part 1 - Carlton Gary in Georgia."

"Today's Columbus Leger-Enquirer reports, "Gary DNA hearing may be averted," written by Tim Chitwood," the post continues.

"Before resigning Tuesday, Muscogee Superior Judge Robert Johnston III again had ordered that Stocking Strangler Carlton Gary be brought to Columbus for a hearing on DNA-testing evidence in the 1970s killings, but no hearing would be needed were attorneys this week to agree which evidence to test.

District Attorney Julia Slater said such a consent agreement would preclude the hearing set for 10:30 a.m. Monday in Johnston’s court.

“We are discussing a potential agreement for the testing of certain items,” Slater said Tuesday. Gary’s attorney, Jack Martin, said he could not comment.

This updates a report from yesterday's Ledger-Enquirer, "Convicted Stocking Strangler Carlton Gary ordered to be at Monday hearing that may be unnecessary," also by Chitwood.

A judge again has ordered that convicted Stocking Strangler Carlton Gary be brought to Columbus for a hearing on DNA-testing evidence in the 1970s serial killings, but the hearing won’t be needed if the prosecution and defense agree this week on which evidence to test.

Muscogee District Attorney Julia Slater said a consent agreement of which both sides approve would preclude the hearing set for 10:30 a.m. Monday in Judge Robert Johnston’s court on the city Government Center’s 11th floor.

“We are discussing a potential agreement for the testing of certain items,” Slater said Tuesday. Gary’s attorney, Jack Martin, said he could not comment on the negotiations.

Convicted in three of the seven “Stocking Stranglings” of elderly Columbus women in the late 1970s, Gary was to die by lethal injection Dec. 16 when the Georgia Supreme Court stayed the execution and ordered a hearing on DNA testing.

In what appears to be an unrelated incident, the judge who ordered the hearing has abruptly resigned during a judicial investigation. "Judge Johnston resigns amid meeting with investigator," also from today's Ledger-Enquirer is written by Chuck Williams and Alan Riquelmy.

Muscogee County Superior Court Judge Robert Johnston III resigned Tuesday afternoon in the midst of a meeting with an investigator for the Judicial Qualifications Commission.

Johnston, 14 months into a four-year term, confirmed the meeting and resignation Tuesday night when questioned by the Ledger-Enquirer."

PART TWO:;

Post-Conviction DNA Testing - Part 2 - Hank Skinner in Texas;

In stark contrast to what is happening in Georgia in the Carlton Gary case, Texas officials seem intent on denying post-conviction DNA testing to Hank Skinner.

In Georgia, the state Supreme Court stayed his scheduled December execution, ordering a lower court to hold a hearing on the issue.

In Skinner's case, the Texas officials are thus far turning a blind eye to his requests for DNA testing that might help prove his innocence.

The case is attracting national attention......

Harold Levy...hlevy15@gmail.com;