Highest court rejects McClain's death appeal

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The U.S. Supreme Court won't hear an appeal from an Augusta man who has been on death row for 14 years.

On Monday, the high court rejected hundreds of petitions for appeals, including one filed on behalf of Mark H. McClain who was convicted of murder and armed robbery and sentenced to death by a Richmond County Superior Court jury in September 1995.

Mr. McClain, 43, shot to death 28-year-old Domino's Pizza manager Kevin Brown the night of Nov. 20, 1994.

Mr. McClain is basically out of appeals now. His lawyers have filed a motion for a rehearing with the Supreme Court, but that does not prohibit setting a new execution date, said Daryl Robinson, deputy counsel in the Georgia Attorney General's office.

District Attorney Ashley Wright was out of the office Wednesday.

Mr. McClain has lost appeals at every stage as attorneys tried to convince state and federal judges that he did not have a fair trial. The courts have consistently ruled there was no reason to overturn Mr. McClain's conviction or death sentence.

Mr. McClain had been on parole for about six months when he walked into the Azalea Plaza pizza store just after closing time. According to trial testimony, Mr. McClain held up Mr. Brown at gunpoint, turned to leave the store and fired on Mr. Brown from the doorway. Mr. Brown was unarmed. A delivery man who ran from the store when Mr. McClain pulled a gun was able to get the license plate number when the shooter left.

Mr. McClain served about four years of a 10-year sentence he received for a South Carolina armed robbery.

Mr. Brown's only living relative, his father, Albert Brown, died in 1998.

Reach Sandy Hodson at (706) 823-3226 or sandy.hodson@augustachronicle.com.

OTHERS FROM AUGUSTA ON DEATH ROW

EARNEST U. MORRISON, 49: Habeas petition denied in state court; petition to the U.S. Supreme Court pending. Mr. Morrison can still challenge his conviction and sentence by filing a federal habeas petition. He was sentenced to death for the Jan. 9, 1987, rape, robbery and murder of a family acquaintance, Mary Edna Griffin, 54.

WILLIE W. PALMER, 46: Granted a second trial in Burke County Superior Court at which he was convicted and sentenced to death again in August 2007. The appellate process has not begun. Mr. Palmer murdered his estranged wife and stepdaughter, 31-year-old Brenda Palmer and 15-year-old Christine Jenkins, on Sept. 10, 1995.

REINALDO RIVERA, 46: Has a pending state habeas petition. There was a hearing last month, and the judge has allowed the parties to submit any new matters by Dec. 4. Mr. Rivera was sentenced to death for the Sept. 9, 2000, death of Army Sgt. Marni Glista, 21. Mr. Rivera confessed to raping and killing Sgt. Glista; Tabita Bosdell, 17; Melissa Gingess, 17; and Tiffaney Wilson, 17.

ROBERT O. ARRINGTON, 62: First direct appeal to the Georgia Supreme Court is pending. Court heard oral arguments in August. Mr. Arrington was sentenced to death for the April 4, 2001, murder of 46-year-old Kathy Lynn Hutchens after she forced him to move out of her home. He also killed his wife, Elizabeth, in 1986.

Comments (10) Add comment
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AhsanMinnik
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AhsanMinnik 10/08/09 - 04:28 am
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Just get it over with. Maybe

Just get it over with. Maybe they could bake him in a pizza oven.....

catfish201
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catfish201 10/08/09 - 05:44 am
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Good idea AhsanMinnik.

Good idea AhsanMinnik.

Doctor j. Dudleydoright
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Doctor j. Dudleydoright 10/08/09 - 05:56 am
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Count the money the

Count the money the Government has wasted on this drug addict. This is only foolish fodder for the lawyers. "LET THE GOOD TIMES ROLL"

scott-hudson
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scott-hudson 10/08/09 - 07:02 am
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In my career I have attended

In my career I have attended two executions on behalf of the public. I was a close friend of Kevin Brown and loved him dearly...When it is this vermins turn for his needle ticket to hell I will gladly sit in and watch with a smile on my face for Kev.

mrlonglelgs
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mrlonglelgs 10/08/09 - 11:28 am
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Eye for an eye.

Eye for an eye.

APINGA
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APINGA 10/08/09 - 11:31 am
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I was one of the deputy's

I was one of the deputy's there that night. Mark McClain took great pleasure in executing Mr. Brown. It sickens me that we continue to pay for this murderers room and board. That is the problem in this country, the victims right's ended that night. The right to live in peace. The right to get married. The right to have kids. The right to live there lives,!!!!!! And the murderers rights begin for 14 years and counting!!!!!!!!!!!!! KILL THIS @&^@%&@ NOW!!!!!!!!!!

fishburn
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fishburn 10/08/09 - 11:57 am
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I use to work with kevin at

I use to work with kevin at the same store if this guy gets off i hope they hold the lawyers if ya can call them that responible. Kevin was a very nice guy and wouldnt harm a fly.

jack
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jack 10/08/09 - 02:14 pm
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14 years rediculouse. The

14 years rediculouse. The pizza man didn't get that long to appeal his death. Justice delayed is not justice. Needle him now!

sueboo418
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sueboo418 10/08/09 - 03:04 pm
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And if memory serves me

And if memory serves me correct that scum only got a small amount of money and took this guys life over it. Does anybody remember the money he got??

ElectricVoodoo
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ElectricVoodoo 10/09/09 - 10:38 am
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Everyone deserves a fair

Everyone deserves a fair trial with fair representation and the right to appeal. What kind of country would this be if we gave those rights to some and not to others or just took them away altogether? That is what happens in tyrannical societies such as North Korea, Sudan, and Iran. The problem with the system is that it takes WAY TOO LONG! McClain is a worthless roach who deserves his death sentence. It's about time the system gave it to him.

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