Execution suspended for Georgia man convicted of murdering 2 women in Cobb County

ATLANTA, Ga. (Atlanta News First) — The execution of a Georgia man convicted of murdering two Cobb County women in 2003 has been delayed amid allegations that two members of the State Board of Pardons and Paroles have conflicts of interest in the case.

Stacey Humphreys, 52, had been scheduled to die Wednesday, Dec. 17, for the killings of 33-year-old Cyndi Williams and 21-year-old Lori Brown.

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On Monday, State Board of Pardons and Paroles Chair Joyette Holmes signed an order suspending Humphreys’ execution. The order does not provide any reason for the decision.

The board also issued a notice saying a clemency hearing for Humphreys scheduled for Tuesday morning is “postponed until further notice.”

The board’s decision came after Humphreys’ lawyers filed a petition last week asking a judge to order two members of the parole board to recuse themselves from considering his clemency petition, saying they had conflicts of interest.

They also asked the judge to order the parole board to halt the clemency proceedings for 90 days to give the governor time to appoint replacement board members and to order the governor to make those appointments. And they asked the judge to keep the parole board from hearing Humphreys’ clemency petition until the two board members have been replaced.

Humphreys’ lawyers appeared before Fulton County Superior Court Judge Robert McBurney on Monday afternoon for a court hearing on the petition.

The lawyers said parole board member Kimberly McCoy served as a victim advocate for Cobb County at the time of the trial and was assigned to the case.

They also argued that member Wayne Bennett has a conflict of interest because he served as the Glynn County sheriff during the trial, which was moved to that county due to publicity in Cobb County. Humphreys’ lawyers argue he oversaw security for the jurors and Humphreys himself during the case.

Attorneys for the state argue that McCoy “is already abstaining from participating in the clemency proceedings, including the vote” related to Humphreys’ clemency application and execution.

During Monday’s court hearing, it was established that McCoy had agreed Sunday night to abstain from voting on the matter of Humphreys’ clemency application. But it was not clear what that means, particularly whether or not she would be present and would participate during the discussion of the case.

When McBurney asked what McCoy understands it to mean if she abstains, McCoy told the judge she would do whatever the court directs her to do. A lawyer for the board said her understanding of abstention is that McCoy could be present during the clemency hearing and could ask questions but would not vote.

State attorneys also argue that the clemency petition filed by Humphreys’ lawyers “does not come close to demonstrating” a conflict of interest on the part of Bennett.

Under questioning in court, Bennett testified that he did not believe his connection to Humphreys’ trial would have any bearing on his treatment of the case, that he would consider the evidence and take the appropriate actions. Generally, Bennett said, he was not directly involved in the day-to-day responsibilities of security for a trial or for the sequestered jurors, and that those duties fell to his staff.

>>> READ MORE FROM HUMPHREYS’ LEGAL COUNSEL BELOW:

During the hearing, a lawyer for the parole board said she did not know how long the suspension would last. The death warrant is valid through noon on Dec. 24, meaning that if the execution doesn’t happen by then, the state will have to seek a new warrant.

Three members of the parole board must vote for clemency for it to be granted. Lawyers for Humphreys argue that he has a right to have his clemency application heard by a five-member parole board with no members who have conflicts.

Tina Piper, a lawyer for the state, argued that Humphreys has the right to have his application voted on by a quorum of three, not by five members. She also argued that the state Constitution says the parole board shall be made up of five members, so the governor can’t appoint a temporary member because then there would be six.

Noting that the parole board could lift the suspension at any time, Humphreys’ lawyers urged the judge to issue an order keeping the state from executing him until the judge has a chance to make a decision on the recusal of the parole board members and whether a member who isn’t voting should be temporarily replaced.

RELATED: Judge declines to halt execution of Georgia man seeking protection under pandemic agreement

Last week, a federal judge declined to halt Humphreys’ execution. Attorneys argued that he should be shielded by an agreement reached during the COVID-19 pandemic that set conditions for the state to resume putting condemned people to death.

Humphreys was convicted of fatally shooting Williams and Brown, who were working as real estate agents at the time, at a model home in 2003.

RELATED: Opponents call for Georgia to rethink death penalty as state plans execution

Prosecutors said Humphreys forced the women to strip and hand over their PINs before shooting them. He later admitted to investigators, “I know I did it.”

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 for a payment on his truck.

The state plans to use 5,000 milligrams of pentobarbital for the execution, which officials call a reliable method. Critics, however, warn that it can leave a person conscious and trapped inside their own body, describing the sensation as similar to drowning.

This is a developing story. Check back with Atlanta News First for updates.