"DNA" motion in Carlton Gary case denied again - WTVM.com-Columbus, GA News Weather & Sports

"DNA" motion in Carlton Gary case denied again

By Andrew Wittenberg  - bio | email | Twitter

COLUMBUS, GA (WTVM) - Blood, semen, hair follicles, finger nail scrapings --- all pieces of evidence collected at the Stocking Strangler's murder scenes by Columbus Police.

This evidence, recently cited in a motion to seek a stay of execution for Carlton Gary, will not be tested against Gary's DNA, according to an order by Judge Robert Johnston.

District Attorney Julia Slater offers an explanation as to why she opposed the motion.

"The DNA has been available, the defense has known about it since 2001, we feel like if they were going to ask for DNA testing, there's been eight years they could have done that. In the meantime, we're seeking closure for the victims of the families," Slater said.

Slater went on to say the DNA motion was only a tactic to delay Gary's execution.

The defense also asked Judge Johnston to re-consider the evidence, which he also denied.

Early Thursday morning, the Georgia State Conference of the NAACP asked for a stay of execution so the evidence in question can be examined against Gary's DNA.

"If Carlton Gary is executed, Columbus Georgia will join the list of cities and states across this country that has made decisions to seek the death penalty even when there was a preponderance of evidence that pointed to a person's innocence," the statement read.

"He should have the right to have all the evidence displayed," local NAACP President Marcus Hunter said.

Meanwhile, Slater maintains her position that Gary's defense team has had 23 years worth of appeals and now it is her job to protect the conviction.

"My role as District Attorney is to represent the interest of the victims in cases and also to protect the citizens of the State of Georgia and in particular those of the Chattahoochee Judicial Circuit and that's what I'm trying to do," Slater said.

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