Date is set for killer to die

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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.

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Mark McClain  File/Staff
File/Staff
Mark McClain

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.

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

Comments (23) Add comment
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FedupwithAUG
0
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FedupwithAUG 10/14/09 - 12:52 am
0
0
Enough of our tax money

Enough of our tax money paying to feed this scum! Kill him and let the maggots eat him.

Doctor j. Dudleydoright
0
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Doctor j. Dudleydoright 10/14/09 - 02:15 am
0
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No clemency. I am sure the

No clemency. I am sure the tab for this fiasco is well over 3 million. "let the Good Times Roll"

WhippingPost
1
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WhippingPost 10/14/09 - 05:05 am
0
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The 14 year delay is

The 14 year delay is unconscionable. Cruel and unusual punishment. He should have been dead 13 years ago.

concernednative
28
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concernednative 10/14/09 - 05:34 am
0
0
I waver on the death penalty

I waver on the death penalty something doesn't sit right with me sometimes about man judging life and death for antoher. However, since it is legal now it should not be taking 10, 15, 20 years to execute someone. It should be a 2 year process. You get found guilty and 2 years for some evidence and appeals. Anything longer than that is unfair to the victims loved ones and taxpayers.

southernguy08
532
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southernguy08 10/14/09 - 05:50 am
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Where is JUSTUS and JACKFRUIT
Unpublished

Where is JUSTUS and JACKFRUIT screaming about the injustice and racial bigotry of this case? Oh, that's right...that only applies to AA citizens. You would only see that for Brian Nichols.

TakeBackTheUSA
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TakeBackTheUSA 10/14/09 - 06:17 am
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Amen to that!

Amen to that!

justus4
111
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justus4 10/14/09 - 06:46 am
0
0
This guy will probably get a
Unpublished

This guy will probably get a stay and not be executed because the defense raises an important issue. Don't be surprised if something happens.

ripjones
2
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ripjones 10/14/09 - 06:57 am
0
0
Leave it to &%*) Alabama to

Leave it to &%*) Alabama to screw up a perfectly good execution. If the crime had happened in Texas, he'd be dead already. As Ron White tells it, Texas has a "fast lane". I'd like to see all of the SuperMax prisons cleaned out as well, since not a soul there is ever getting out, and they are not benefitting society one bit.

na_bboy
13
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na_bboy 10/14/09 - 06:59 am
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Man when you play little

Man when you play little league football with people and grow up with them in small towns like North Augusta you never think these types of things will happen later down the road. Now that the date has been scheduled all you can do is wonder why.....Surreal.

Grasshopper
7
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Grasshopper 10/14/09 - 07:07 am
0
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Na I know the feeling. I was

Na I know the feeling. I was called to Jury duty for a murder trial. The defendant went to school with me, he was mild mannered good kid in school. Life has a way of changing people.

getalife
4
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getalife 10/14/09 - 07:32 am
0
0
It should not take this long

It should not take this long to execute a person given the death sentence. This is another misuse of taxpayer's money!!

doc316
0
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doc316 10/14/09 - 07:43 am
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It did not take this animal

It did not take this animal but a few seconds to murder Kevin Brown, my friend and leave a huge void in many peoples lives, and now he want to cry like a little child, [filtered word] that, high time to smoke his sorry arse.

southernguy08
532
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southernguy08 10/14/09 - 08:01 am
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GETALIFE, the term misuse of
Unpublished

GETALIFE, the term misuse of taxpayers' money is not PC. The new term is "redistribution of wealth."

john in na
0
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john in na 10/14/09 - 08:11 am
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you killed the pizza man. you

you killed the pizza man. you are going to get fried for being dumb not for murder. i agree, why should he get 15 years on death row...the taxpayers deserve a rebate...someone call Obama.

Edward B. Turner
69
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Edward B. Turner 10/14/09 - 08:28 am
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Ironically, I knew both of

Ironically, I knew both of these guys. Kevin sometimes delivered pizza to my home and I had met Mark many years earlier. I believe Mark had substance addiction problems and robbed Dominos for his habit. Kevin was a real nice guy and extremely friendly to his customers. This was so very senseless in so many ways, but you reap what you sow. Justice, though WAY too slow, is, at least, prevailing in this case.

Rolling Eyes
247
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Rolling Eyes 10/14/09 - 08:55 am
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Justus4, what "important

Justus4, what "important issue' do you have in mind?

themaninthemirror
0
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themaninthemirror 10/14/09 - 09:39 am
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May this piece of human

May this piece of human debris R.I.P.(Rot in Purgatory)

JustMe1967
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JustMe1967 10/14/09 - 10:05 am
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I went to school with Mark.

I went to school with Mark. He was such a nice person; playined football and all. I had heard that he was drugs since the passing of his mother. We should pray for both families.

mable8
2
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mable8 10/14/09 - 10:45 am
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For those actually guilty of

For those actually guilty of murder, my questions are: what consideration did you give the victim? Don't you think their death was a "cruel and unusual punishment?" Where was their reprieve from inadequate consultation, particularly where the important issue was life? What law gave you the right to become the victim's judge, jury, and executioner? We have all heard the argument that you were either (1) insane at the time the crime was committed, and (2) you are mentally challenged because your IQ is between 50 and 70. However, you were still able to plan and execute the murder; given that, why should your life be spared? A mental illness or being mentally challenged is no excuse for committing any crime, especially one of murder. If these questions were asked of the guilty party at some point during the criminal justice process, perhaps the publication of their answers might deter at least one potential criminal. If it does that, then at one individual might not become a victim. It would also help the rest of us to gain some understanding of why some people commit heinous crimes. I don't like the death penalty, but until something better comes along, then I support the use of it.

sugarbutton
1138
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sugarbutton 10/14/09 - 12:43 pm
0
0
mable8.....Sometimes it is

mable8.....Sometimes it is the only way!!!!

southernguy08
532
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southernguy08 10/14/09 - 01:27 pm
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My question is, when some
Unpublished

My question is, when some dirtbag is sentenced to life, why does it not mean life? Why are some of these dirtbags getting out after serving 10 or 12 years. I heard one case of a guy being sentenced to life and getting out after only serving only 8 years. If we can't execute them, why can't we at least keep them locked up? Our legal system is a joke!

mymark65
0
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mymark65 10/14/09 - 05:55 pm
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I don't care what the reason

I don't care what the reason he may have given or as to why may have caused his actions! They were what they were that can't be changed. I worked with Kevin side by side for hours at a time and knew him well. Anyone who knew him would tell you he was the sweetest person you would ever want to know and would give you the shirt off his back if you needed it!! This is not excuseable by being on drugs, if you see it that way then you are giving this person and any other an excuse for their actions. Shame on you and anyone who feels that way. I hope not to see this overturned and will write till my hands ache if it will help.

pizzato
3
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pizzato 10/14/09 - 06:16 pm
0
0
Mark knew the routine because

Mark knew the routine because he worked for Dominoes when he got out of jail on cocaine charges. If you look deeper you will find this is the same guy who pulled a gun on the cops in the parking lot on Washington road when it was the post office. I knew him when he was a good guy and I hate to see him end like this but he has it coming. He told a story one time about how he once drove to Atlanta to rob a guy and planned on shooting him but he could not find the house. Such a shame he did come from a good home and yes he never got over the loss of his mother.

sassygirl12
1
Points
sassygirl12 10/14/09 - 08:13 pm
0
0
all i can say is, if you take

all i can say is, if you take someones life then you need to have yours taken as well...but not what 14 yrs later...

tomaspayne
0
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tomaspayne 10/14/09 - 08:33 pm
0
0
Pop him, NOW!

Pop him, NOW!

mable8
2
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mable8 10/14/09 - 08:36 pm
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southernguy08: If the

southernguy08: If the individual is given life, then he/she can be paroled after serving 25 years (or whatever number precedes the phrase "life"); if they are given life without parole, then there is no release from prison. The ones you are talking about were sentenced under the old laws or the judge failed to include the phrase "without parole."

smartie
0
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smartie 10/14/09 - 09:46 pm
0
0
all i can say is his life

all i can say is his life could've been different. he made the choice to be who he is. kevin brown had no such choice. this is way overdue.

yakirz
9
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yakirz 10/18/09 - 07:57 pm
0
0
Sounds like a waste of
Unpublished

Sounds like a waste of oxygen... I miss my mother but I've never killed anyone because of it.

Get it over with.

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