Mark McClain's lawyer asks Supreme Court to halt execution

Monday, Oct. 19, 2009 2:00 PM
Last updated 10:51 PM
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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 .

Comments (23) Add comment
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sgachief
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sgachief 10/19/09 - 02:28 pm
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fry him quickly, he did not

fry him quickly, he did not give his victim an appeal.

Opinionated one1
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Opinionated one1 10/19/09 - 02:43 pm
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Knowing our court system he

Knowing our court system he will more than likely get a stay. I wonder if the court judges would be so lenient if it was one thier loved ones murdered.

asustudent75
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asustudent75 10/19/09 - 03:23 pm
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Why all of these second

Why all of these second chances...I understand that this is how our "legal system" works, but after 15 years, he had his chance! This scum deserves no second chance...he had 15 years living off of our tax dollars! This is a friends cousin that died and they are ready for this to be over with...to finally have a little closure that they have been so desperately waiting for. The victim received no second chance at life...I hope the last thing that this scum sees before he is dead is the face of his innocent victim. I am tired of seeing my tax dollars going to waste to continue to house, feed and clothe these bottom dwellers.

UPSETMANIA
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UPSETMANIA 10/19/09 - 03:48 pm
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I understand this guy robbed

I understand this guy robbed the victim of less than $100. He deserves everything he is going to get. Mr. Brown didn't get a second chance of living. Bye scum

BOBO
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BOBO 10/19/09 - 04:09 pm
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fry him he took the life of a

fry him he took the life of a working man fry his butt

sueboo418
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sueboo418 10/19/09 - 04:11 pm
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Yeah he took another mans

Yeah he took another mans life all for that little bit of money. And yet, he is wasting our tax dollars with all this BS. Give it up and get what's coming to you!! You did not give Mr. Brown another chance when you shot him!!

jamesj
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jamesj 10/19/09 - 04:16 pm
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This guy was robbing Domino's

This guy was robbing Domino's in Martinez when he shot and killed my friend. I hope that he burns in hell.

AWyld1
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AWyld1 10/19/09 - 04:51 pm
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Express lane!!!!

Express lane!!!!

SRVaughn5490
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SRVaughn5490 10/19/09 - 04:51 pm
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Why do the guilty always want

Why do the guilty always want to change the rules when it's their sorry life in the balance? The victim didn't get that choice! Time to pay the piper!

mrlonglelgs
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mrlonglelgs 10/19/09 - 05:03 pm
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Spend three dollars on a

Spend three dollars on a large caliber bullet.
One behind the ear problem solved.

asustudent75
2
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asustudent75 10/19/09 - 06:35 pm
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amen mrlonglelgs!!!!

amen mrlonglelgs!!!!

heartablazing
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heartablazing 10/19/09 - 06:44 pm
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I am sorry to say that

I am sorry to say that christians have control of our society. When man kills man they want to step up and say "Killing Him For His Crime Is Unjust" Well, the victim had no rights at the time of his death(probably begged for his life) This man deserves no better. If you do a crime expect the outcome! So tired of people saying "He doesn't deserve this" I say death is your sentence!!!!!!!!!!!! Let God deal with you in afterlife.

DARTHGRUMBLE
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DARTHGRUMBLE 10/19/09 - 07:26 pm
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Having experienced violence

Having experienced violence perpetrated against my own family, I deeply empathise with the loss of the Brown family. I am, however, repulsed by the blood lust in some of the comments. If I was walking Mark Mclain to the death chamber, watching his trembling, tranquilized body shudder, hearing his desperate entreaties for help, knowing he was urinating in his diaper, I would want to respond with compassion and integrity- human decency- because I am not like Mr. Mclain. I want to demonstrate the values which separate us. I want to model what he could not. If we seek to defend civilized society then let us model what we seek to defend. I seek not to stain my own moral conscience with aggravated violence and mental torture of another because of what that person did. Neither do I wish to inflict suffering and pain to his family. I am not Mr. McLain and my actions will not be governed by his. I wish God's peace to the Brown family and to the McLain family; to the prison staff and all those harmed by crime, punishment and circular violence.

Boogaloo
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Boogaloo 10/19/09 - 07:47 pm
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If McClain was any kind of

If McClain was any kind of man he would accept his punishment. The world was not made a better place because he was in it.

corgimom
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corgimom 10/19/09 - 07:51 pm
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As I recall, when he was

As I recall, when he was tried, it was discussed at his trial that he had a difficult childhood and was high at the time of the shooting. That's not the same as being insane. When you take drugs, you can't very well say you don't know the difference between right and wrong. And he was already on parole- did he suddenly get insane after he got out of prison? He was sane when he committed his first crime but then he was insane after that? Wasn't his childhood the same for both crimes?

Dixieman
12446
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Dixieman 10/19/09 - 08:43 pm
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Next his lawyers will

Next his lawyers will complain that he should not be put to death because his case has dragged on too long, never mind that this is so only because his lawyers have dragged it on by this sort of tactic.

CobaltGeorge
148789
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CobaltGeorge 10/19/09 - 08:49 pm
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There is only one verdict for

There is only one verdict for a killer! DEATH within 48 hours. Period.

skimpy159
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skimpy159 10/19/09 - 09:38 pm
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Put him on the fast train for

Put him on the fast train for the slow drip tomorrow---way past time!

jaf2
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jaf2 10/20/09 - 12:05 am
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"...and our hearts go out to

"...and our hearts go out to his family in their grief," said James Clark, coordinator of Georgians For Alternatives to the Death Penalty.

If Mr. Clark would check his facts, he would know that Kevin's last remaining direct family member, his father, passed away in his own grief about 10 years ago.

lokalloudness
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lokalloudness 10/20/09 - 03:26 am
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Listen to AM 1230 at noon on

Listen to AM 1230 at noon on Tuesday (you can listen online at www.newradio1230) for some good words about Kevin Brown...not enough has been said about this great man who was taken from us much too early. Friends are invited to a memorial at Kevin's graveTuesday evening at 7PM when the execution is scheduled to take place,

NAugustaNative
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NAugustaNative 10/20/09 - 03:08 pm
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Many of you sound like

Many of you sound like characters out of Shrley Jackson's "The Lottery." I knew Mark personally and he doesn't deserve this. The AJC provides good coverage about this case: http://www.ajc.com/news/death-sentence-for-killer-165980.html

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