ATLANTA (AP) - A Georgia man bedevilled of killing his ex-wife and her admirer shouldn’t be executed, his attorneys argue, citation the added affliction it will annual his children, affirmation of academician accident not heard by the lath that bedevilled him to die and his archetypal behavior in prison.
Donnie Cleveland Lance, 66, is appointed to accept a baleful bang Wednesday. He was bedevilled and bedevilled to die for the November 1997 killings of Sabrina “Joy” Lance and Dwight “Butch” Wood Jr. in Jackson County, about 60 afar (96 kilometers) northeast of Atlanta.
The Accompaniment Lath of Pardons and Paroles, the alone ascendancy in Georgia that can drive a afterlife sentence, affairs to authority a closed-door charity audition Tuesday. The lath on Monday declassified a charity appliance filed by Lance’s lawyers.
Stephanie Lance Cape and Jessie Lance, the now-adult accouchement of Donnie and Joy Lance, accept submitted a letter to the acquittal lath and plan to ask for benevolence at Tuesday’s hearing. Donnie Lance has maintained his chastity and his accouchement accept doubts about his guilt, but their appeal for charity doesn’t depend on those doubts, the appliance says.
“We’ve spent our accomplished lives with this huge broad aperture in our hearts, but at atomic we’ve had dad at our sides,” they wrote in the letter, which is quoted in the application. “It’s about absurd to brainstorm that it could get worse.”
The charity appliance capacity the abutting acquaintance the brace accept maintained with their ancestor during his added than two decades on afterlife row, relying on his admonition and support. They accede that their mother’s ancestors and Wood’s ancestors accept additionally suffered awfully as a aftereffect of the killings.
“With us actuality the exception, anybody has absent aggregate they are activity to lose from this nightmare,” they wrote. “We accept absent aloof as much, but somehow, we still accept added to lose - and that’s actuality taken abroad alike as we sit actuality now. We’ll abide to adjure this final accident doesn’t appear to pass.”
Lance went to Wood’s home the night of Nov. 8, 1997, kicked in the advanced aperture and attempt Wood in the advanced and aback with a shotgun and again exhausted Joy Lance to afterlife with the base of the shotgun, according to a Georgia Supreme Cloister arbitrary of the case.
There were no assemblage and no annihilation weapon was anytime found. Lance’s attorneys accept argued that no claret or added concrete affirmation affiliated him to the killings but that lath anon focused on him to the exclusion of added suspects. Attorneys for the accompaniment accept argued in cloister filings that the affirmation adjoin Lance “although circumstantial, was overwhelming.”
Prosecutors argued that Lance had continued abused his ex-wife, both during their alliance and afterwards their divorce, and that he had threatened assorted times to annihilate her. His attorneys wrote in the charity appliance that the two had a afflicted accord and that “alcohol corruption was a cogent agency in a history of alternate aggression.”
The balloon cloister banned a appeal from Lance’s advocate for the arrangement of a additional advocate and for funds to appoint experts. He spent all his time advancing for the guilt-or-innocence appearance of the balloon and didn’t present any affirmation during the amends phase.
The lath that bedevilled Lance to afterlife didn’t apprehend annihilation about his brainy bloom issues or alarming academician injuries that afflicted his brainy bloom functioning, the appliance says. When the U.S. Supreme Cloister beneath aftermost year to booty his case, Justice Sonia Sotomayor wrote a dissent, abutting by justices Ruth Bader Ginsburg and Elena Kagan, arguing that affirmation could accept affected at atomic one juror.
While courts accept been apprenticed in the questions they could accede in post-conviction proceedings, the acquittal lath is not apprenticed by those banned and can booty all the facts and capacity into account, the charity address argues in advancement the lath associates to drive his sentence.
Lance has additionally been a archetypal inmate, with alone two accessory breach during his two decades on afterlife row - accepting 54 stamps rather than the accustomed 50 and abnegation to move to a altered cell. The charity appliance includes testimonials from guards and brainy bloom attorneys who adjure to his acceptable behavior and abutment clemency.
In accession to the charity application, Lance additionally has )challenges awaiting afore the courts.
He would be the aboriginal captive accomplished in Georgia this year. Jimmy Fletcher Meders was appointed for baleful bang Jan. 16, but the acquittal lath commuted his book to activity in bastille after the achievability of acquittal aloof hours afore the beheading was appointed to happen.
Copyright © 2020 The Washington Times, LLC.
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