Mark McClain's lawyer asks Supreme Court to halt execution

ATLANTA -- Condemned murderer Mark McClain is hoping his lawyers prevail with at least one of the pending legal motions filed with the Georgia and U.S. supreme courts in an effort to prevent his execution that is scheduled for 7 Tuesday evening.

He was convicted of murdering Kevin Brown during a 2 a.m. robbery of a Domino's Pizza store on Washington Road in Augusta in November 1994. The robbery netted about $100.

Death-penalty opponents have already scheduled vigils in Augusta, at the state Capitol, in Jackson where executions are conducted and six other cities around the state.

"We mourn the loss of Kevin Brown, the life taken by Mr. McClain, and our hearts go out to his family in their grief," said James Clark, coordinator of Georgians For Alternatives to the Death Penalty. "But we ask the state not to respond by taking another life and forcing another family to experience that same loss and grief."

McClain's lawyers at the Atlanta-based Georgia Resource Center have filed a consolidated motion for a stay of execution with the Georgia Supreme Court. The seven justices on the state's top court usually rule quickly on motions for a stay so that the federal court has time to act in the case of a denial from Atlanta.

The U.S. Supreme Court is already considering a motion for reconsideration of its Oct. 5 denial of an earlier appeal. In asking for a second look, McClain's lawyers' argue that his case is similar to another one pending before the U.S. Supreme Court that is also from the 11th Circuit U.S. Court of Appeals in Atlanta about whether an attorney in a capital-punishment trial should have pursued an insanity defense during the penalty phase of the trial.

"Had available evidence of Mr. McCain's difficult childhood and his acutely stimulant-intoxicated state of mine at the time of the crime been explored meaningfully at trial, one juror might have held out for life," wrote attorney Brian Kammer.

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PROTESTS: Georgians for Alternatives to the Death Penalty have scheduled protest rallies Tuesday in nine Georgia cities, including one in Augusta at

6:30 p.m. at the Augusta-Richmond County Public Library, 902 Greene St .

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