Date is set for killer to die

An execution date has been set for Mark McClain, who was sentenced to death by a Richmond County Superior Court jury nearly 14 years ago.


Following an order from Chief Judge J. Carlisle Overstreet, which set the window for execution for next week, the Georgia Department of Corrections set the execution time for 7 p.m. Tuesday at the state prison in Jackson.

Mr. McClain, 42, was sentenced to die for murdering 28-year-old Kevin Brown during a robbery of a Domino's Pizza store Nov. 20, 1994.

Mr. McClain's attorneys have asked the U.S. Supreme Court to reconsider its denial of his request for a hearing, and the attorneys have requested a stay of execution, District Attorney Ashley Wright said.

Unless the stay is granted, the state will proceed with the execution.

Mr. McClain's attorneys argue that a pending Alabama death penalty case could "alter the legal prism" through which his case is viewed.

The Alabama case, set to be heard in November, centers on whether a new trial should be granted if a trial lawyer didn't raise certain objections during the penalty phase of a trial. The case prompted the court last month to delay the execution of a Texas man.

The State Board of Pardons and Paroles has set aside Friday morning to allow advocates for Mr. McClain to meet with the board members, said Tracy Master, a board adviser.

Clemency is possible if three of the five board members vote to grant it.

Associated Press reports were used in this article.

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