Judge denies funding for new "Stocking Strangler" trial

By Andrew Wittenberg  - bio | email

COLUMBUS, GA (WTVM) - In a Friday ruling, U.S. District Court Judge Clay Land denied funding for Carlton Gary's defense attorneys as they pursue an extraordinary motion for a new trial.

On Wednesday, Jack Martin requested the funding as Gary's case proceeds.

Judge Land ruled that attorney fees would be approved for a second clemency hearing, but not for additional state judicial proceedings, which would include a new trial.

[Web Extra! Official court order denying change of venue]

Gary is convicted of killing three Columbus women in the 1970's and was scheduled to be executed on December 16th, 2009.

His execution has been temporarily stayed by the Georgia Supreme Court as DNA evidence from the crime scenes is tested and evaluated.

That evidence did not implicate Gary in the murder of Martha Thurmond, of which he is convicted.

However, DNA evidence from the murder scene of Jean Dimenstein was a match to Gary.

He is not convicted of that murder.

Martin has until February 1st to file his next motion.

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