Execution To Be First Since Penalty Upheld

Supreme Court Ruled Death Penalty Constitutional In April; Convicted Killer Scheduled For Execution In Ga.

(CBS/AP)  A Georgia board Monday denied condemned killer William Earl Lynd's clemency bid, paving the way for him to likely become the nation's first inmate put to death since the U.S. Supreme Court held that lethal injection is constitutional.

Lynd still had an appeal pending before the Georgia Supreme Court seeking to stay his execution, which was scheduled for Tuesday at 7 p.m. It was unclear when the state's top court would act on that request.

He was convicted of fatally shooting his live-in girlfriend, Ginger Moore, two days before Christmas in 1988. His lawyer asked both the Georgia Supreme Court and the Georgia Board of Pardons and Paroles for a 90-day stay of execution, and a commutation of his sentence.

Attorney Tom Dunn has argued that medical testimony presented at Lynd's 1990 trial was unreliable and the jury that sentenced him to death never learned of a possible mitigating factor: He had been sexually molested by neighbors at age 8.

Dunn made his case to the parole board behind closed doors for about two hours Monday. He declined to comment after the hearing. Prosecutors were expected to make their case Monday afternoon, and the board's decision was expected by the end of the day.

If the courts do not intervene, Lynd's execution would be the first since the U.S. Supreme Court last month upheld Kentucky's lethal injection protocol, clearing the way for executions to resume in the roughly three dozen states that use that method.

Fourteen other executions are scheduled in the next six months across America. But as CBS News correspondent Mark Strassmann reports, more states are reconsidering capital punishment, and reaching very different conclusions.

Wrongful convictions are one reason why lawmakers in five states are seriously debating repealing capital punishment. But five other states have moved in a very different direction -- passing laws that expanded death row to execute people convicted of a crime other than murder.

Prosecutors at Lynd's trial said Moore suffered a slow agonizing death, regaining consciousness twice after successive gunshot wounds to the head at the home she and Lynd shared in Berrien County, in south Georgia. The medical examiner testified that Moore was still alive when Lynd stuffed her into the trunk of her car and took a drive. Lynd confessed to authorities that when he heard her thumping around in the trunk, he opened it and fired the final lethal shot.

The allegation that Lynd kidnapped Moore before she died was an essential "aggravating" circumstance that made him eligible for the death penalty. It also helped prosecutors show the slaying was premeditated.

But Lynd's lawyers argue the medical examiner who did Moore's autopsy was not a physician and was wrong in asserting that she would have been able to regain consciousness after the second shot.

A doctor hired by the defense to examine the evidence found that Moore did not survive the second gunshot wound and was already dead when she was placed in the trunk, making Lynd innocent of the kidnapping charge. The original medical examiner, Warren Tillman, now agrees it is unlikely she was alive when placed in the car, according to Dunn's legal filing.

Dunn said Lynd and Moore had consumed Valium, alcohol and marijuana and were in a heated argument over a trip to Florida when he shot her.

"This crime was hot blooded and without premeditation," reads Dunn's application to the parole board. "Tragic - yes. Cold blooded - no."

Meanwhile, a Mexican-born Texas prisoner whose death sentence set off an international dispute and a U.S. Supreme Court rebuke of the White House, also received an execution date Monday.

Texas State District Judge Caprice Cosper set the Aug. 5 lethal injection for 33-year-old Jose Medellin for his participation in the gang rape and strangulation deaths of two teenage girls 15 years ago in Houston when they stumbled upon a gang initiation rite.

The Supreme Court in March refused to hear Medellin's appeal, saying President Bush overstepped his authority by ordering Texas to reopen his case and the cases of 50 other Mexican nationals condemned for murders in the U.S. Texas refused to comply.

Medellin is among 14 native Mexicans on death row in Texas. Mexico has no death penalty and sued the United States in the world court in 2003. Mexico and other opponents of capital punishment have sought to use the world court to fight for foreigners facing execution in the U.S.

[fibonacci_]

Death penalty logic:

We''ll teach YOU not to kill people! (OK, now lets kill this guy.)

[haoli25]

I will surely miss both of them. Anyone have any Doritos?

[taylor2124]

This human piece of garbage has already been given 19 more years of life than he deserved. Pull the switch, feed his body to the pigs.

[fibonacci_]

You never know if someone is really guilty or not...

This is the single biggest reason the death penalty is morally wrong. I am willing to a make a few exceptions - believe me I would not cry if Bin Laden were executed.

[rudy654-2009]

We''''ll teach YOU not to kill people! (OK, now lets kill this guy.)


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Posted by fibonacci_ at 03:31 PM

The death penalty would only be effective if there wasn''t such a gun violence and vengeance mentality so prominent in the American psyche. As it is, they will kill this guy and 7 more will come along and become just as deserving. However, we also have the tremendous risk of actually killing someone innocent, due to the hurry up and judge ''em mentality of prosecutors and juries, none of whom are much interested in evidence to the contrary.

[fibonacci_]

I very much agree with you there, rudy654. The vengeance has never proven to be very successful in human history either. People often say - well if YOUR mother or father were killed etc. etc. you would change your mind. To that I would say, maybe but that does not make that mentality productive. We have to teach people to value life, however pathetic a person may be. No one has a choice to be born...life can be a hell-hole...not everything is nice here.

[sunseeker6]

Why would be molested at age 8 be a reason to kill someone later in life? With DNA testing done there are very few innocent people in prison and I am sure death row inmates have had DNA testing done (even if it wasn''t available at the time they can test old samples). So inject away!

[fibonacci_]

Little Christian michaelt302. I do understand the premise of your argument, but you are a very barbaric person for wanting to kill people who are no longer a danger to society. There is a big difference between killing someone and locking them up. You have a little tiny Christian brain, you moron.

[tunman-2009]

Its a good defense ploy to blame something/someone else. what it boils down to is, he killed her, nobody else did. Besides, he wont be shot and stuffed into a trunk. They will send him out nice and quietly.

[fibonacci_]

It is interesting because I honestly completely understand the mentality of death penalty supporters. I grew up in California and it seemed totally normal "Oh they sent him to the gas chamber". I remember how incredibly happy I was when David Westerfield was sentenced to death back in 2002...I literally screamed out loud when the verdict was read. But now looking back, I realize that was just a sort of blood lust looking for retribution. It only helps the families (if they want it) and does not really serve the greater good. I have lived in Germany for about 6 years now...in America you are 6 times more likely to be murdered than here. We have a major problem...and it is a cultural problem. How do we deal with this? It is admittedly a complicated question.

[fibonacci_]

obamawhama, you are the same "bleeding heart" idiotic Christian that complains when a 2 week old embryo is "murdered" you Christian dim-wit. Bleeding heart.

[obamawhama]

This is the single biggest reason the death penalty is morally wrong. I am willing to a make a few exceptions - believe me I would not cry if Bin Laden were executed.


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Posted by fibonacci_ at 04:01 PM : May 05, 2008
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well if you are so ''morally inclined'' why dont you set up a ''death row'' fund where bleeding heart liberals can donate thier money fot upkeep...

oh yeah here is another expemtion.."if it is your love one that got gutted"

[drputt45]

Down here in Texas, the most famous state for executions and long term sentences by ''elected'' officials, the Dallas County DA is working with a group to prove the innocence of ''convicted'' felons.

By using DNA, they have released several people that spent years behind bars professing they were innocent. These tests should be mandatory for everyone before for any crime involving another person that DNA would be involved for any reason.

[fibonacci_]

obamawhama, your Christian beliefs are beyond pathetic and proof that your capacity for critical thinking is compromised.

[fibonacci_]

liberalme, it is a well-known fact that on average it costs more (in America) to execute someone that to put them in prison for life.

[obamawhama]

obamawhama, you are the same "bleeding heart" idiotic Christian that complains when a 2 week old embryo is "murdered" you Christian dim-wit. Bleeding heart.


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Posted by fibonacci_ at 04:21 PM : May 05, 2008
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see the difference between you and i...a murderer should be spared and a fetus should be killed..

a murdere wrote his destiny..a bleeding heart moron like you wrote a fetus'' demise

[fibonacci_]

obamawhama, you''re obviously not that intelligent since you are a Christian. I do not support abortion either by the way, I think it is a pathetic decision. I just do not think it is my right (in contrast to you idiotic little Christians) to force my opinion on others.

[obamawhama]

obamawhama, you''''re obviously not that intelligent since you are a Christian. I do not support abortion either by the way, I think it is a pathetic decision. I just do not think it is my right (in contrast to you idiotic little Christians) to force my opinion on others.


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Posted by fibonacci_ at 04:26 PM : May 05, 2008
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im a christian????????????????????????

[fibonacci_]

obamawhama, wow! Your not a Christian?! LOOOL. Sorry.

[fibonacci_]

obamawhama, you are definately a naive American then. Can you find Iraq on a map without labels ? - I really hope so. Most Americans cant. Thats funny, I could have sworn you were a Christian, guess not.

[fibonacci_]

Are you Jewish? Maybe you just dont think about that sort of thing. Little naive American.

[fibonacci_]

The debate goes on, kill kill kill.

[obamawhama]

obamawhama, you are definately a naive American then. Can you find Iraq on a map without labels ? - I really hope so. Most Americans cant. Thats funny, I could have sworn you were a Christian, guess not.


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Posted by fibonacci_ at 04:28 PM : May 05, 2008
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I am not a christian but I am an american tax payer and a citizen WHO IS SICK AND TIRED of paying up the arse for these murderers..THEY undermine our laws and society..AND YOU SIR...is promoting THIS injustice to society so you can sleep better at night..I am sure your attitude towards the matter WOULD CHANGE when this issue gets close and personal.

I would not wish harm to any of your relatives and loved ones..ITS NOT THIER FAULT THEY ARE RELATED AND INTERACT with a misguided nitwit

[fibonacci_]

obamawhama, if it is money you are concerned about it costs more to kill people. You HAVE to be religious...listen to you.

[obamawhama]

Are you Jewish? Maybe you just dont think about that sort of thing. Little naive American.


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Posted by fibonacci_ at 04:29 PM : May 05, 2008
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wow..you are a moron..

since we are in the mode of stereotpying..you must be some halfbreed homosexual who gets guilty about his/her lifestyle everything you hear "christian"

[fibonacci_]

"Death penalty trials cost an average of 48% more than the average cost of trials in which prosecutors seek life imprisonment."

Several states have undertaken scientific studies to determine the costs. They all find that death costs more than life.

[fibonacci_]

obamawhama...I am a heterosexual American of 29 years of age and an atheist living in Germany. Bet you do not have the guts to share that much info about yourself.

[fibonacci_]

I bet you are about 41 years old...is that about right? He he.

[obamawhama]

obamawhama, if it is money you are concerned about it costs more to kill people. You HAVE to be religious...listen to you.


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Posted by fibonacci_ at 04:36 PM : May 05, 2008
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it cost more BECAUSE OF blood sucking lawyers and morons like you who..

honestly..why are you so concerned about saving these peices of sh*t??

religion bothers you?? why?? makes you feel guilty??
dont tell me you care...athiests normally dont give a sh*t about anything

[fibonacci_]

Ha ha ha, obamawhama. Pegged you right on. ;)

[robstrck]

fibonacci, be careful, you sound like a bigot. Definite
obsession with religion. Are you sure you''re an atheist? I think you have doubts.

[robstrck]

Ha ha ha, obamawhama. Pegged you right on. ;)

Posted by fibonacci_

*****

Oh you did? How so?

[obamawhama]

obamawhama...I am a heterosexual American of 29 years of age and an atheist living in Germany. Bet you do not have the guts to share that much info about yourself.


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Posted by fibonacci_ at 04:38 PM : May 05, 2008
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*I love these "i can **** father than you" contests*

oh yeah I am a 23 year old straight american with Irish decent who lives in california..San Jose to be more specific..I am 210 lbs with 5% bodyfat..I have a 9 inch member and i can fu ck for 3 hours straight..

see how easy I made that up..so germany you said..

[obamawhama]

fibonacci, be careful, you sound like a bigot. Definite
obsession with religion. Are you sure you''''re an atheist? I think you have doubts.


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Posted by robstrck at 04:42 PM : May 05, 2008
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this guy''s definition of athiest is "attacking religion" in oppose to "not believing in religion"..

it usually takes a bunch of these misguided wannabies to really fu ck the true essence of athiesm

[fibonacci_]

I hate the evil effects of religion but I do not hate the people who are not intelligent to know any better.

[rudy654-2009]

it usually takes a bunch of these misguided wannabies to really fu ck the true essence of athiesm


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Posted by obamawhama at 04:46 PM

Yeah, I wouldn''t stereotype you as a Christian, at all.

[fibonacci_]

obamawhama, are you an atheist? - honestly. Be careful the Lord might *** you to hell. Everything I said was true of course. I do not need to lie.

[fibonacci_]

I guess I was just going with the old 85% of Americans statistic ;) . Guess he is in the 15%, so he says.

[jackie0428]

I love when illiterate pasta-brains like Fibonacci can say obscenely stupid things like "You never know if someone is really guilty or not.". Oh really??? We NEVER really know? Never??? You have any idea how many murderers have been videotaped committing murders? You have any idea how many have left perfect DNA at the scenes? Thousands, my friend. And, that is a he*ll a lot more than your absurd "never". Truth is, out of tens of thousands of executions, likely we have less than 6 or 7 that were later PROVEN innocent. And in all of those cases, the guys had committed other crimes anyway. We in America have to get OVER this MYTH of the "innocent person being executed". For all practical purposes, it just doesn''t happen. End of story.

[fibonacci_]

Truth is, out of tens of thousands of executions, likely we have less than 6 or 7 that were later PROVEN innocent.

jackie0428 at 04:49 PM : May 05, 2008

Little naive American Jackie. In fact, no one who has been executed in the USA has been proven to be innocent after. I do find it astounding that you think that 1 in 20 is "OK" to murder even if they did not do it.

[fibonacci_]

I am so unbelievably embarrassed about Americans. We have done so much good and we have come so far scientifically and economically. But the average American is a dim-wit, totally comparable to people in the Arab world or some African countries. 50% of Americans do not believe in evolution. We need help. We are a bunch of dummies!

[obamawhama]

I hate the evil effects of religion but I do not hate the people who are not intelligent to know any better.


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Posted by fibonacci_ at 04:47 PM : May 05, 2008
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if you do not like religion..FINE!! it your effing right to like it or not..BUT YOU ARE NOT IN THE RIGHT place to discuss that..this is about implementing the law..

The judge needs to look him in the eyes, tell him he is forgiven and free to go. As he walks out, smiling, someone needs to put a .45 slug in the back og the head. That is humane, and he didn''t suffer. No tha was for all the people that want executions to be without pain and suffering. For me, this scumbag needs to be dragged down a gravel road for about 10 miles, and let his pieces be gobbled up by insects.

[obamawhama]

I am so unbelievably embarrassed about Americans. We have done so much good and we have come so far scientifically and economically. But the average American is a dim-wit, totally comparable to people in the Arab world or some African countries. 50% of Americans do not believe in evolution. We need help. We are a bunch of dummies!


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Posted by fibonacci_ at 04:54 PM : May 05, 2008
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gotta love these bleeding heart liberals..they love this country so much that WOULD GO FAR AND OVER TO HATE IT..

stay in germany..

[fibonacci_]

if you do not like religion..FINE!! it your effing right to like it or not..BUT YOU ARE NOT IN THE RIGHT place to discuss that..this is about implementing the law..

Posted by obamawhama

Right on, I understand that.

[obamawhama]

I am so unbelievably embarrassed about Americans. We have done so much good and we have come so far scientifically and economically. But the average American is a dim-wit, totally comparable to people in the Arab world or some African countries. 50% of Americans do not believe in evolution. We need help. We are a bunch of dummies!


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Posted by fibonacci_ at 04:54 PM : May 05, 2008
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dont forget..arrogant..self loathing..cocky and prentious

[fibonacci_]

You have to admit though it is also about the morality of the death penalty.

Exections in 2007:
China 470+
Iran 317
Saudi Arabia 143
Pakistan 135
USA 42
Iraq 33

We are like a Middle Eastern country. Most Americans believe in a Middle Eastern religion.

[fibonacci_]

In any case it is indeed a very complicated issue, and I will fully admit I understand the arguments for it. But when innocent people are executed, regardless of whether it is "within practical purposes" as little naive American Jackie said, 1 is too many.

[jackie0428]

mitchoncbs , I agree 100%. And after his body has been eaten by insects, shackle his corpse to Fibonacci (AKA gay liberal pizza-brain idiot), tie 50 bricks to them, and drop in the lake. Fibonacci is Italian for "fish food", so this is very fitting.

[guadalcanal3]

Too bad this guy didn''t have a lot of $$...or at least a "Get Out Of Jail Free"...aka..."Race Card"...Like O.J. had.