An execution in Georgia has been put on hold after a judge ruled that death row inmate Stacey Humphreys should have a hearing under a new law allowing people who suffered abuse to seek a reduced sentence.
Humphreys, 53, had been due to be executed at 7pm on Wednesday at the state prison near Jackson. He was convicted of malice murder and other offences in the 2003 killings of Cyndi Williams, 33, and Lori Brown, 21.
Cobb County Superior Court Judge Tyler Browning issued the stay late on Tuesday, clearing the way for a hearing under the Georgia Survivor Justice Act.
The law directs judges to resentence prisoners, and impose shorter penalties at sentencing, when they can link their crimes to abuse they experienced.
During Tuesday’s hearing, Humphreys’ lawyer Brian Kammer told the court that his client had survived severe family violence and childhood abuse. He said Humphreys “was severely damaged by this abuse and violence and it contributed significantly to his criminal behavior”.
A lawyer representing the state said an immediate appeal would be filed if the judge granted the stay, in an attempt to keep the execution on schedule.
Judge Browning said he would consider lifting the stay if an appeal court ruled before the scheduled execution that Humphreys was not entitled to a hearing.
The state parole board denied Humphreys clemency on Tuesday. His execution had previously been delayed over questions concerning the clemency process.
Williams and Brown were working as estate agents for a new development in Powder Springs, a suburb of Atlanta, when they were killed. Prosecutors said Humphreys entered the sales office in a show home on November 3 2003, forced the women to strip and give him their bank PINs, then shot them.
Court filings said he withdrew more than 3,000 US dollars from their accounts. Humphreys told police he had recently taken out high-interest payday loans and needed money to make a payment on his truck.
Police said witnesses had seen a man matching Humphreys’ description at the office, alongside a black Dodge Durango. Officers later tried to question him at his home in Dunwoody, but he fled and was arrested in Wisconsin after a high-speed chase.
