Georgia appeals order staying execution set for Tuesday
ATLANTA (AP) — The state of Georgia is appealing a judge’s ruling that stayed the execution of a man who killed an 8-year-old girl and raped her 10-year-old friend 46 years ago.
Virgil Delano Presnell Jr. abducted and attacked the two girls as they walked home from school in Cobb County, just outside Atlanta, in May 1976.
He was scheduled to be put to death Tuesday at 7 p.m., but a judge on Monday issued an order staying the execution.
The state filed a notice of appeal to the Georgia Supreme Court on Tuesday.
EARLIER: Execution for Georgia man who killed girl temporarily stayed
ATLANTA (AP) — A judge has temporarily delayed the execution of a Georgia man who was scheduled to die Tuesday for killing an 8-year-old girl 46 years ago.
Virgil Delano Presnell Jr. killed the girl and raped her 10-year-old friend after abducting them as they walked home from school just outside Atlanta, on May 4, 1976.
He was scheduled to die by injection at the state prison in Jackson at 7 p.m. Tuesday.
Georgia’s parole board on Monday declined to halt the execution, however lawyers for the Federal Defender Program filed a lawsuit last week and an emergency motion Monday in Fulton County Superior Court.
They said the setting of his execution date violates a written agreement with the office of state attorney general that temporarily put executions on hold during the coronavirus pandemic.