Georgia: U.S. Supreme Court grants stay of execution to Keith Tharpe

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Georgia: U.S. Supreme Court grants stay of execution to Keith Tharpe

Keith Tharpe
10:31 p.m.: The U.S. Supreme Court granted a stay of execution tonight to condemned killer Keith Tharpe, three and a half hours after he was scheduled to be put to death by lethal injection.

In a 6-3 decision, the court’s justices were apparently concerned about claims that one of Tharpe’s jurors was racist and sentenced Tharpe to death because he was African-American.

Three justices — Clarence Thomas, Samuel Alito and Neil Gorsuch — dissented.

The high court will now decide whether to hear Tharpe’s appeal, and, if it doesn’t, the court said the stay of execution shall terminate automatically. But that will not happen tonight.

Tharpe’s lawyers were overjoyed with the decision. “We’re gratified the court understands this case merits thoughtful consideration outside the press of an execution warrant,” said Brian Kammer, one of Tharpe’s attorneys.

“We are extremely thankful that the court has seen fit to consider Mr. Tharpe's claim of juror racial bias in regular order."

The decision halts the execution, at least temporarily, while Tharpe's lawyers make the argument that he should not be subject to the death penalty on the grounds that "racism played a pivotal role" in his sentencing.

The lawyers had asked the US Supreme Court and the Georgia Supreme Court on Saturday to stay the execution, saying that one of the jurors in Tharpe's sentencing later admitted that his decision was influenced by Tharpe's race. The juror, Barney Gattie, was interviewed by lawyers from the Georgia Resource Center in 1998 as part of Tharpe's post-conviction appeals process, according to petition.

During the interview, Gattie, who was white, told attorneys that he favored the death penalty because Tharpe was a “nigger” who had killed someone whom Gattie considered to be “‘good’ black folk.” Gattie also told lawyers that his Bible study had led him to “wonder if black people even have souls.”

Georgia's post-conviction courts denied Tharpe's appeals to consider the racial bias in his sentencing, because of a state law that prohibits courts from admitting or considering juror testimony that "impeaches" the verdict.

On Tuesday, the Georgia Supreme Court declined to stop the execution, siding with state attorneys who argued the racial bias claim was barred by evidence evidence rules in Georgia.

Source: The Atlanta Journal-Constitution, BuzzFeed News, Sept. 26, 2017


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but by the punishments that the good have inflicted." -- Oscar Wilde


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