Gary is scheduled for execution by lethal injection at 7 p.m. on Thursday, March 15, at Georgia Diagnostic and Classification Prison in Jackson. On Wednesday, the state of Georgia gave their answer and by Friday morning of this week, Carton Gary will be dead by lethal injection.
In August of 1986, Gary was convicted in Muscogee County of three counts of malice murder, three counts of rape and three counts of burglary and sentenced to death.
Prosecutors said Gary attacked nine elderly women from September 1977 to April 1978. Most were choked with stockings and seven died.
Given the option to request a last meal, Gary opted for the standard institutional tray of a grilled hamburger, a hot dog, white beans, coleslaw, and a grape beverage.
Following a meeting to consider clemency for condemned inmate Calton Gary, the State Board of Pardons and Paroles has denied clemency in his case. All but one of the Georgia victims lived in the Wynnton neighborhood, and all lived near Gary's home at the time of the crimes.
"We are not talking about questionable recanting witnesses who came forward long after trial, but hard physical evidence of innocence", his lawyers wrote.
Prosecutors also presented evidence that they said connected Gary to similar crimes in NY state.
A serial killer known as the "stocking strangler" who raped and murdered multiple elderly women has been executed by the lethal injection in Georgia, US. This was especially significant, they had contended, because the woman survived the attack and dramatically identified him at trial.
The state countered in court filings that the evidence Gary's lawyers cited had already been considered by the courts and that his convictions and sentence had repeatedly been upheld by state and federal courts over the past three decades.
Gary still has appeals pending before the 11th U.S. Circuit Court of Appeals and the U.S. Supreme Court. But that testing couldn't be done because the samples were contaminated at a state crime lab.
DNA testing of body fluids from crime scenes was not available at the time and subsequent testing clears Gary, his lawyers said, adding his confession was coerced and shoe print evidence that could have helped Gary's defense was withheld.
Further, they say, DNA evidence has surfaced that positively matches Gary to one of the attacks for which he wasn't charged.
Stay with News Leader 9 for developments in the execution of Carlton Gary.