U.S.
Louie Favorite / Atlanta Journal-Constitution / AP

Georgia executes woman for 1997 murder of husband

Lawyers for Kelly Gissendaner made repeated appeals to US Supreme Court, state's top court to prevent her death

After several denied appeals, Georgia executed Kelly Gissendaner at 12:21 a.m. EDT on Wednesday by lethal injection at the state prison in Jackson. She was the first woman executed by the state in 70 years and had been the only woman on death row.

Gissendaner, 47, was convicted of murder in the February 1997 slaying of her husband. She conspired with her lover, who stabbed Douglas Gissendaner to death.

In a last ditch effort to keep their client alive, Gissendaner's lawyers filed a flurry of appeals with high courts of both the United States and the state of Georgia.

On Tuesday evening, the United States Supreme court denied Gissendaner a stay of execution three times. The Supreme Court of Georgia also denied her a stay of execution Tuesday and the Georgia Board of Pardons and Paroles declined to grant her clemency after it met on earlier on Tuesday to consider new testimony from supporters. The board didn't give a reason for the denial, but said it had carefully considered her request for reconsideration.

Gissendaner sobbed as she said she loved her children and apologized to Douglas Gissendaner's family, saying she hoped they can find some peace and happiness. She also addressed her lawyer, Susan Casey, who was among the witnesses.

"I just want to say God bless you all and I love you, Susan. You let my kids know I went out singing `Amazing Grace,"' Gissendaner said.

Prison Warden Bruce Chatman left the execution chamber at 12:11 a.m. Records from previous executions indicate that the lethal drug is administered within about a minute of the warden leaving the room.

Gissendaner sang "Amazing Grace" and also appeared to sing another song before taking several deep breaths and then becoming still.

 More than 100 people gathered in rainy conditions outside the prison to support Gissendaner. Among them was Rev. Della Bacote, who said she is a chaplain at Saint Thomas Hospital in Nashville and who spent several hours with Gissendaner on Tuesday afternoon, talking and praying.

"She was at peace with whatever was to come," Bacote said.

Gissendaner was previously scheduled for execution Feb. 25, but that was delayed because of a threat of winter weather. Her execution was reset for March 2, but corrections officials postponed that execution "out of an abundance of caution" because the execution drug appeared "cloudy."

The parole board, which is the only entity in Georgia authorized to commute a death sentence, also declined to spare Gissendaner's life after a clemency hearing in February. Her lawyers asked the board to reconsider its decision before the second execution date, but the board stood by its decision to deny clemency.

Pope Francis' diplomatic representative in the U.S., Archbishop Carlo Maria Vigano, on Tuesday sent a letter to the parole board on behalf of the pontiff asking for a commutation of Gissendaner's sentence "to one that would better express both justice and mercy." He cited an address the pope made to a joint session of Congress last week in which he called for the abolition of the death penalty.

Two of Gissendaner's three children already asked the board earlier this year to spare their mother's life. Her oldest child, Brandon, who had not previously addressed the board, wanted to make a plea for his mother's life, said Susan Casey, an attorney for Gissendaner.

In the request for reconsideration, Gissendaner's lawyers cited a statement from former Georgia Supreme Court Chief Justice Norman Fletcher, who argued Gissendaner's death sentence is not proportionate to her role in the crime. Her lover, Gregory Owen, who did the killing, is serving a life prison sentence and will become eligible for parole in 2022.

Fletcher said he has now decided he was wrong in his decision to deny Gissendaner's appeal in 2000 when he sat on the state Supreme Court, the statement says. He also notes that Georgia hasn't executed a person who didn't actually carry out a killing since the U.S. Supreme Court reinstated the death penalty in 1976.

Gissendaner's lawyers also argued she was a seriously damaged woman who has undergone a spiritual transformation in prison and has been a model prisoner who has shown remorse and provided hope to other inmates in their personal struggles. The new request included testimony from several women who were locked up as teens and who said Gissendaner counseled them through moments when they felt scared, lost or on the verge of giving up hope.

Two of her three children, Dakota and Kayla, previously addressed the board and earlier this month released a video pleading for their mother's life to be spared. They detailed their own journeys to forgiving her and said they would suffer terribly from having a second parent taken from them.

Douglas Gissendaner's family said in a statement Monday that Kelly Gissendaner received an appropriate sentence.

"As the murderer, she's been given more rights and opportunity over the last 18 years than she ever afforded to Doug who, again, is the victim here," the statement says. "She had no mercy, gave him no rights, no choices, nor the opportunity to live his life."

Kelly Gissendaner repeatedly pushed Owen in late 1996 to kill her husband rather than just divorcing him as Owen suggested, prosecutors have said. Acting on her instructions, Owen ambushed Douglas Gissendaner at Gissendaner's home, forced him to drive to a remote area and stabbed him multiple times, prosecutors said.

Investigators looking into the killing zeroed in on Owen once they learned of his affair with Kelly Gissendaner. He initially denied involvement but eventually confessed and implicated Kelly Gissendaner.

Al Jazeera and The Associated Press

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