By JEFF MARTIN (Associated Press)
ATLANTA (AP) — Lawyers for a man in Georgia are requesting clemency for him, arguing that he is intellectually disabled and regrets killing his ex-girlfriend 30 years ago.
Willie James Pye, 59, is scheduled to be executed on Wednesday using the sedative pentobarbital, marking the state’s first execution in more than four years. Pye was found guilty of murder and other offenses in the November 1993 killing of Alicia Lynn Yarbrough.
A clemency hearing is planned for Tuesday. In Georgia, these hearings are conducted in private, with the outcome announced later.
Pye’s public defenders stated in their clemency application that if the defense counsel had not failed in their duty, the jurors would have learned about Mr. Pye's intellectual disability and his IQ of 68.
They also would have learned about the difficulties he faced since birth – extreme poverty, neglect, constant violence and chaos in his family home – which would have supported a verdict of a life sentence, they wrote.
Pye's attorneys also pointed out serious issues in the Spalding County justice system in the 1990s and highlighted Pye's positive impact on those around him during his time in prison.
Pye had a sporadic romantic relationship with Yarbrough. At the time of her death, she was living with another man. Pye, Chester Adams, and a 15-year-old boy had planned to rob the man and had bought a handgun before going to a party in Griffin, according to prosecutors.
The three left the party around midnight and went to Yarbrough's house, where they found her alone with her baby. They forcefully entered, stole a ring and necklace, and took her along, leaving the baby behind, according to prosecutors.
They then drove to a motel, where they took turns raping Yarbrough before leaving with her in the teenager’s car, prosecutors said. They then drove onto a dirt road, where Pye told Yarbrough to lie down and shot her three times, according to court documents.
Yarbrough's body was discovered a few hours after her death. Pye, Adams, and the teenager were swiftly apprehended. Pye and Adams denied any involvement in Yarbrough’s death, but the teenager confessed and implicated them.
The teenager reached a plea agreement with prosecutors and was the key witness at Pye's trial. In June 1996, a jury found Pye guilty of murder, kidnapping, armed robbery, rape, and burglary, and sentenced him to death.
Pye’s lawyers have argued in court documents that the teen's other statements are inconsistent with what he said at Pye’s trial. They also mentioned that Pye implied during the trial that Yarbrough willingly left the home and went to the motel to exchange sex for drugs.
Pye’s lawyers also stated in court documents that Pye grew up in severe poverty in a home without indoor plumbing or enough food, shoes, or clothing. His childhood was marked by neglect and abuse by family members who were alcoholics, his lawyers wrote.
His attorneys also said that Pye had suffered brain damage, possibly due to fetal alcohol syndrome, which affected his ability to plan and control his impulses. They also claim that he is intellectually disabled and therefore cannot be executed, based on the conclusions of several experts who assessed him.
Pye’s legal team has argued for a long time that he should be given a new sentence because his trial lawyer did not properly prepare for the sentencing part of his trial. In April 2021, a three-judge panel of the 11th U.S. Circuit Court of Appeals agreed with Pye’s lawyers. However, the full federal appeals court overturned that decision in October 2022.
Adams, who is now 55, admitted guilt in April 1997 to malice murder, kidnapping with bodily injury, armed robbery, rape, and aggravated sodomy. He received five consecutive life prison sentences and is still in prison.
The last execution in Georgia happened in January 2020.
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Associated Press writer Kate Brumback contributed.
