Author Topic: Daily Beast: DNA Shows He’s Not a Killer. Georgia Wants to Execute Him Tomorrow.  (Read 618 times)

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Offline TomSea

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DNA Shows He’s Not a Killer. Georgia Wants to Execute Him Tomorrow.

The Daily Beast
David Rose

On Aug. 15, 1986, Gertrude B. Miller, a 71-year-old white woman, testified about the night she was raped, beaten, and almost murdered by an intruder at her home in Columbus, Georgia, a prosperous city of 200,000 people south of Atlanta.

“I had gone sound asleep and it was then that I realized that someone was right there, on top of me… he turned me over on my back, and he pulled down my nightclothes… he raped me front and back, both, and he hit me on the head… Later on, when he was raping me, he turned the light on so he could see better, the light at the head of the bed.”

That meant, she went on, that she saw his face clearly. The Columbus district attorney, Bill Smith, asked Miller to look around the court and “state whether you recognize the person who attacked you that night.” She pointed to the defendant, an African-American man named Carlton Michael Gary. “That guy right there,” she said.

Read more at: https://www.msn.com/en-us/news/crime/dna-shows-he%e2%80%99s-not-a-killer-georgia-wants-to-execute-him-tomorrow/ar-BBKcbR5

Offline mountaineer

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Horrendous miscarriage of justice, if true. I wonder whether the rapes continued after the "wrong man" was arrested.
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Offline TomSea

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Horrendous miscarriage of justice, if true. I wonder whether the rapes continued after the "wrong man" was arrested.

It sounds like one of those cases where they still feel certain he did it.

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According to CBS, the evidence included in the clemency application has all been presented in court filings and were disputed by the state because of their validity. The state also says it has even more evidence proving Gary was the attacker.

Read more: http://www.dailymail.co.uk/news/article-5503615/Convicted-murderer-denied-clemency-one-day-execution.html#ixzz59pSpqqNE
Follow us: @MailOnline on Twitter | DailyMail on Facebook

One would really have to read up on this.

Offline TomSea

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This happened in '77-'78, so it is 40 years after the acts that he is set to be executed.
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" Seven women died and two were injured in the brutal attacks."

Read more: http://www.dailymail.co.uk/news/article-5503615/Convicted-murderer-denied-clemency-one-day-execution.html#ixzz59pTwm7VS
Follow us: @MailOnline on Twitter | DailyMail on Facebook

Sounds like they have good evidence he's guilty BUT, the DNA part is still troubling.

Offline TomSea

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Wikipedia, some saucy stuff here,

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Questions have been raised over the propriety of Gary's conviction.[11] According to a group of supporters and a book by investigative journalist David Rose, Gary's lawyer was refused state funding to carry out a defense.[12] There is also evidence that Gary's fingerprints were not held to match the crime scene prints until seven years after, when the case was re-examined, despite Gary having been printed just one year after the murder at a time when all prints in the U.S. were being compared to prints found at the crime sites. They also claim Gary's interview at which he supposedly confessed was not recorded, nor were notes taken, and Gary's confession was written by a police officer in the days following the interview, from his own recollection. When submitted as evidence, the confession was unsigned and undated, and Gary denied having made it. They allege Gary's semen antigen secretion did not match the perpetrator's.[13] Furthermore, a cast made from a bite wound on a victim allegedly did not match Gary's bite-mark pattern. His supporters claimed that the prosecution withheld this evidence at trial.[14][15]

Rose's book also links prosecutors, judges and police who worked on the case to a white-only club called The Big Eddy Club and traces the history of racial injustice in Columbus, including the role of the judge's family members in lynchings and other injustices in the city.[12]

In 2007, Gary was positively linked through DNA to the rape and murder case of 40-year-old Marion Fisher. Marion was raped and murdered after leaving a bar in Nedrow, New York.[16]
See all

https://en.wikipedia.org/wiki/Carlton_Gary

That last paragraph above, if he was definitely linked to this murder in New York, then, executing him would still seem to be justice. That murder in NY though, I'd like to know it is thoroughly proven. That puts a bit of a different light on this.  DNA is pretty much foolproof, evidence of guilt.

I won't bump my own thread, I don't mean to go to town here, his execution was already halted at least one time in 2009 per the Georgia Courts per that wiki article above.
« Last Edit: March 15, 2018, 03:07:42 pm by TomSea »

Offline LauraTXNM

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@TomSea I'm really glad you posted this.  I hadn't heard about this case. 
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Offline TomSea

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Sure, whatever makes for interesting conversation here.

@LauraTXNM

Offline mountaineer

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Sure, whatever makes for interesting conversation here.
Not sure what that means.

Back on topic:
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A convicted serial killer known as the “Stocking Strangler” for terrorizing a Georgia city in the late 1970s isn’t interested in a special last meal before he’s scheduled to die — opting instead for a standard hamburger and hot dog, authorities said.

Carlton Gary, 67, was scheduled to be executed by lethal injection at 7 p.m. Thursday at Georgia’s Diagnostic and Classification Prison in Jackson, where he declined to receive a last meal, meaning he’ll receive a standard institutional tray of a hamburger, hot dog, white beans, coleslaw and a grape drink, the Ledger-Enquirer reports.

In last-minute appeals, attorneys for Gary cited the same evidence used last year while trying to get Gary a new trial or sentence in Muscogee Superior Court, where a judge rejected those motions in September, according to the newspaper.  ...

Gary was also accused of killing four other women who were strangled with their stockings in the late 1970s, but he was not charged in those killings. Prosecutors used them at trial, however, to establish a pattern in the case, according to the Journal-Constitution.  ...
NY Post
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Offline driftdiver

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Did the rapes stop after he was jailed?

Defense attorneys in death penalty cases will grasp at any and every straw regardless of whether their client is guilty. 
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Offline mountaineer

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Did the rapes stop after he was jailed?
My question, too. Didn't see any reference to it in the published account, though.
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Offline Suppressed

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Yeah, the anti-death-penalty folks are claiming contamination of the slide was by someone wanting the conviction, but it could just as easily been a coverup of his guilt.
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