[Deathpenalty] death penalty news----ALABAMA

[Rick Halperin]

Oct. 16




ALABAMA----stay of impending execution

Execution stayed for Alabama man convicted of killing cop


A federal court granted a stay of execution for Alabama death row inmate Torrey 
Twane McNabb, who was scheduled to die by lethal injection on Thursday.

The order was issued on Monday by Chief U.S. District Judge W. Keith Watkins of 
the Middle District of Alabama Northern Division.

The state has appealed the stay.

The execution was scheduled for 6 p.m. Thursday at the Hollman Correctional 
Facility in Atmore.

McNabb has spent the last 18 years on death row, after being convicted of 
fatally shooting Montgomery police officer Anderson Gordon in September 1997. 
McNabb was convicted on two capital murder counts-- one for killing Gordon 
while he was on duty, and one for killing him as Gordon sat in his patrol car. 
McNabb also was found guilty of two additional counts of attempted murder.

McNabb's attorney John Anthony Palombi, an assistant federal defender, filed an 
emergency motion for stay of execution on Oct. 11. The defense claims the 
"challenged method of execution presents a substantial risk of serious harm" 
and that there's an alternative that can reduce the risk of severe pain.

A federal court of appeals stayed the execution of Jeffery Lynn Borden on Oct. 
2 on similar grounds.

"Borden, in almost identical circumstances, received a stay of execution," 
Monday's order stated. "Defendants did not appeal, admittedly in part because 
of the late litigation hour. The court, in equity and good conscience, cannot 
treat McNabb differently than Borden when the stakes are this high. There is no 
evidentiary justification for disparate treatment of McNabb."

(source: al.com)