World – Execution postponed
Woman convicted of murder to die instead on Monday
GEORGIA –– Not since Lena Baker, an African American convicted of murder and pardoned decades later, has Georgia executed a woman. The state was scheduled to snap that 70-year streak today before Kelly Renee Gissendaner’s execution was postponed.
Just hours before the 47-year-old was scheduled to die by lethal injection at the Georgia Diagnostic And Classification State Prison in Jackson, the Georgia Department of Corrections announced it had been cancelled until Monday.
The department’s news release did not state a reason for the postponement, but the state is bracing for inclement weather and Governor Nathan Deal declared states of emergency earlier in the day.
Gissendaner was convicted in a February, 1997 murderplot that targeted her husband in suburban Atlanta.
Gissendaner was romantically involved with Gregory Owen and conspired with the 43-year-old to have her husband Douglas Gissendaner killed, according to court testimony. Owen wanted Kelly Gissendaner to file for a divorce, but she was concerned that her husband would “not leave her alone if she simply divorced him”, court documents said.
The Gissendaners had already divorced once, in 1993, and they remarried in 1995.
Details of the crime, as laid out at trial and provided by Georgia Attorney General Sam Olens, are as follows:
Owen and Kelly Gissendaner planned the murder for months. On February 7, 1997, she dropped Owen off at
her home, gave him a nightstick and hunting knife and went out dancing with girlfriends.
Douglas Gissendaner also spent the evening away from home, going to a church friend’s house to work on cars. Owen lay in wait until he returned.
When Douglas Gissendaner came home around 11:30 p.m., Owen forced him by knifepoint into a car and drove him to a remote area of Gwinnett County.
There, Owen ordered his victim into the woods, took his watch and wallet to make it look like a robbery, hit him in the head with the nightstick and stabbed Douglas Gissendaner in the neck eight to ten times.
Kelly Gissendaner arrived just as the murder took place, but did not immediately get out of her car. She later checked to make sure her husband was dead, then Owen followed her in Douglas Gissendaner’s car to retrieve a can of kerosene that Kelly Gissendaner had left for him.
Owen set her husband’s car on fire in an effort to
hide evidence and left the scene with Kelly Gissendaner.
Police discovered the burned out automobile the morning after the murder, but did not find the body. Authorities kicked off a search.
Kelly Gissendaner, meanwhile, went on local television appealing to the public for information on her husband’s whereabouts.
Her and Owen’s story started to unravel after a series of police interviews. On February 20, Douglas Gissendaner’s face-down body was found about a mile from his car. An autopsy determined the cause of death to be knife wounds to the neck, but the medical examiner couldn’t tell which strike killed Douglas Gissendaner because animals had devoured the skin and soft tissue on the right side of his neck.
On February 24, Owen confessed to the killing and implicated Kelly Gissendaner, who was arrested the next
day and charged.
While in jail awaiting trial, Kelly Gissendaner grew angry when she heard Owen was to receive a 25-year sentence for his role in the murder. (Owen is serving life in prison at a facility in Davisboro, according to Georgia Department of Corrections records.)
She began writing letters to hire a third person who would falsely confess to taking her to the crime scene at gunpoint.
She asked her cellmate Laura McDuffie to find someone willing to do the job for $10,000, and McDuffie turned Kelly Gissendaner’s letters over to authorities via her attorney.
Kelly Gissendaner has exhausted all state and federal appeals, the attorney general said in a statement. The State Board of Pardons and Paroles denied her clemency request, Steve Hayes, a spokesman for the board, said today.
In the clemency application, Gissendaner’s lawyers argued she was equally or less culpable than Owen, who actually did the killing. Both defendants were offered identical plea bargains before trial: life in prison with an agreement to not seek parole for 25 years.
Owen accepted the plea bargain and testified against his former girlfriend. Gissendaner was willing to plead guilty, her current lawyers said, but consulted with her trial lawyer and asked prosecutors to remove the stipulation about waiting 25 years to apply for parole.
According to her clemency appeal, her lead trial attorney Edwin Wilson said he thought the jury would not sentence her to death “because she was a woman and because she did not actually kill Doug . . . . I should have pushed her to take the plea but did not because I thought we would get straight up life if she was convicted”.
Her appeal lawyers also argued that Gissendaner had expressed deep remorse for her actions, become a model inmate and grown spiritually. They said her death would cause further hardship for her two children.
For her last meal, she requested an extravagant one: two Burger King Whoppers with cheese (with everything), two large orders of fries, popcorn, cornbread, a side of buttermilk and a salad with tomatoes, bell peppers, onions, carrots, cheese, boiled eggs and Paul Newman buttermilk dressing, the Corrections Department said. She also requested a glass of lemonade and cherry vanilla ice cream for dessert.