Gary Brown - AL - 5 April 2002 - Executed

[soraya]

Governor Don Sieglman at State Capitol
600 Dexter Avenue, Room N-104
Montgomery, AL 36130
Ph: (334) 242-7100
Fax: (334) 242-0937
and / or the
Attorney General Bill Pryor at
Alabama State House
11 South Union Street, Third Floor
Montgomery, AL 36130
Ph: (334) 242-7300
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Replying to:

Please help Gary Brown. Something is very wrong with the picture surrounding his execution. The man has less than 24 hours to live. The state is killing him while allowing the man who actually killed the victim to live. Flood the governors office with emails and calls please.

Court refuses to halt execution
By Garry Mitchell
Associated Press Writer
04-04-2002


MOBILE

Alabama's Supreme Court rejected a challenge to use of the electric chair Wednesday as it refused to halt the scheduled execution of Gary Leon Brown in a grisly 1986 stabbing death.

Brown, 43, is to be electrocuted at 12:01 a.m. Friday for the murder and robbery of a 60-year-old man who was nearly decapitated at his home in suburban Birmingham.

The nine justices were unanimous in rejecting the motion by Brown's attorney, who sought a stay until a final vote is taken on pending legislation to use lethal injection in carrying out death sentences in Alabama.

The defense plans to ask the U.S. Supreme Court to halt the execution, and Brown and his supporters have written Gov. Don Siegelman requesting clemency.

The victim, Jack David McGraw, was attacked by Brown and two others and stabbed 78 times on Memorial Day 1986, with his throat slashed repeatedly and nearly cut through. He was robbed of $67.

McGraw was described in testimony as a homosexual, and prosecutors said the three attackers had allowed him to pay them for sexual acts in the past. While the charge did not involve sexual aspects, prosecutors said the savageness of the crime indicated the attack may not have been simply a robbery.

Also convicted in the murder were James Lynn Bynum of Trussville, 21 at the time of the slaying, who was paroled in 1997 from a life sentence, and the alleged ringleader Archie Bankhead of Birmingham, now serving life without parole.

Bankhead, then 36, cut McGraw's throat with a butcher knife, according to testimony. Initially sentenced to death, he won an appeal and at retrial avoided the death penalty.

Brown, however, faces execution.

Assistant Attorney General Beth Hughes argued that Brown has exhausted court appeals and has waited too late to raise new issues.

Brown's attorney, Rhonda Brownstein of Montgomery, asked the state Supreme Court for a stay, calling use of the electric chair cruel and unusual punishment. She asked the court to block its use until the Legislature decides on allowing lethal injection as an optional form of execution.

The legislation, if passed and signed, would not take affect until June at the earliest.

Alabama and Nebraska are the only two states still using the electric chair.

"Based on recent developments in other states, it is clear that current standards of decency prohibit death by electrocution," Brownstein said.

In the 15 years since Brown was sentenced, 11 states have passed laws rejecting electrocution as the sole method of execution, the attorney said, with Georgia taking that step last year.

Brownstein also said a pending U.S. Supreme Court decision in an Arizona case could affect the way capital murder defendants are sentenced.

Brownstein said Wednesday the Arizona case will determine whether allowing a judge to impose the death penalty as opposed to the jury making that decision is constitutional. In Alabama, a jury recommends either life without parole or death, but the judge doesn't have to adopt the jury's penalty.

Hughes contends Brown's case has been reviewed by all the appeals courts and that they have ruled he got a fair trial and that his conviction and sentence are legal and constitutional. She said the stay should be denied because Brown waited too late to request it.

Meanwhile, Brown, in a letter to Siegelman, appealed for clemency, saying he had wasted his youth on "an obsession with drugs and alcohol" and has "very little recollection" of McGraw's murder.

"I had hit rock bottom, realizing that I had actually participated in the death of another human being," he wrote. In jail, he said he began praying and eventually got married. He has a 21-year-old son attending the University of Alabama at Huntsville.

On death row, Brown said he has led Bible studies and preached.

"Jack McGraw didn't deserve to die - it was a horrible and despicable act and to say I'm truly sorry is an understatement," he wrote.

A Korean War veteran with virtually no relatives, McGraw's body was left in the mobile home where he lived alone. He was robbed of the $67 and several appliances. The body was found by neighborhood children.

Alabama had four executions scheduled last year and all four were blocked by the courts for various reasons. The state's last execution was June 2, 2000, when Pernell Ford was put to death.

[Pam]

I just really do not understand how a state can kill someone that was not the killer of the victim. In Alabama, tonight if a miracle does not occur, Gary Brown will be killed for robbing a man. He was present but he did not kill this man. There were two other men there and one is already out of prison on parole and Gary is to die tonight and the man who actually killed Mr. McGraw is going to live out his natural life in prison. This makes no sense to me at all. I realize that it is probably a much worse sentence to the inmates to live out their lives in prison, and I do not promote the death penalty, it just looks to me like if someone had to die for killing this man it would be the one that killed him not someone who was there robbing him. If one gets a new trial then they all should have. It infuriates me to no end.

[Joy]

You are absolutely 100% correct.

[Shortie]

It is sad how the system does things, it never makes sense.. They let out murders who did no time and keep in shop lifters for 10 yrs.. Go figure..

[Pam]

Gary Brown has been granted a stay of execution. Thank the Lord.

[Pam]

Just wanted to let everyone know that the US Supreme Court has granted a stay of execution to Gary Brown. Thanks for all your help.

[David]

Pam, I am not familiar with the case. Do you have a link to any online news sites, etc in regards to this?

David

[soraya]

Really? Oh that makes me so happy! It's not over yet, but it's at least a step in the right direction!

[torrey]

I'm not in favor of the death penalty. There is something real wrong about this case. I do understand the principle of what the law intended to do.

If a person is involved in a deed such example rape, robbery, kidnapping, and /or murder. Even though they did not hold the gun or pull the trigger, take a penny of the money (maybe they felt sorry for the kidnapped person and helped them to escape) They are just as guilty as the person who did. Reason is they should have been aware of who they are involved with and stopped, left the scene ad called for help, or prevented the act in the first place. Just because his buddies just wanted to rough a person up and rob them. The "evil one" is the one that killed the victim is not an excuse for not being responsible. If you were involved in the robbery that caused a death of someone you are guilty too. Sorry but I agree with the message of this law. I do not agree that this man should be put to death and I really don't understand how anyone involved in it could be walking the streets among us.

[Budwoman]

Torrey:

You are absolutely correct. We should all consider who we are with and make good judgements about situations, but, This is just a good example of why our prisons are so full of young men today.

When you are 18 years old, it is hard to say to a group of your peers, Hey!!! I don't want to do this..... Most of the time you are ridiculed or whatever by the peers.

Murder is just that, Murder. It is not manslaughter or 2nd degree murder. Don't know the case, but I do know that so many times people are convicted because of who they are with, not necessarily of what they have done.

Killing another Human Being is not the answer for this as our Justice System would have you believe. Until we know WHO, WHY, WHERE of each case, we should not deal the Death Penalty.

Really glad to hear of the STAY. What will happen now? Does he get another hearing or will the Governor comute his sentence to Life?

Donna

[Pam]

Torrey and Donna,
I too understand why they considered Brown as a guilty man, if he was there he is just as guilty as the other two. That was not my point. My point is Why are they killing him and allowing the other two men to LIVE? ? ? ? ? That is what makes no sense to me. Three men go to a mans house and rob him and ONE of the men stabs the man 56 times and slits his throat to the point that he is nearly decapitated and the one that does this gets a new trial (after being given the death penalty) and is sentenced to LWOP. While one of the other remaining two is sentenced to straight life, is already out of prison by the way, and the other one is going to be executed! ! ! ! THIS IS NOT RIGHT ANY WAY THAT YOU LOOK AT IT.
As for what will happen now, I am assuming he is out of appeals or they wouldnt have set a date for him so I would think that unless the Ring V Arizona case that is before the US Supreme Court at this time is decided in the favor of the inmate that Mr Brown will be executed at a later date unless his attorneys can find some glitch in the system to help save his life. Yes, the governor of our state can grant clemency, thing about that is that about 15 years ago (when all this happened) the governor was at that time the attorney general and he helped to keep this man in prison fighting against his appeals so I think he would not be kind enough to grant him clemency and change his sentence to LWOP. He may shock me and do just that but I am not so sure about that.
Thank you both for your interest in thi case.
Sincerely,
Pam