Judge issues indefinite stay of execution for Georgia killer
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Posted 5:16PM on Wednesday, November 20, 2002
ATLANTA - A judge has issued an indefinite stay on the planned execution of a man convicted of raping and strangling an Atlanta go-go dancer. <br>
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Butts County Superior Court Judge Kevin Wangerin stopped the execution of James Willie Brown Wednesday -- the day before he was scheduled to die by lethal injection at 7:01 p.m. <br>
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Based on a claim by Brown that prosecutors knowingly introduced false testimony against him at trial, Wangerin granted the prisoner's motion for habeas corpus -- a legal concept that allows defendants to challenge the government's right to hold them or the legitimacy of a court to try them. It is often pursued as a last resort when regular appeals are fruitless. <br>
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The judge scheduled a conference call for Friday to set a hearing at which Brown's lawyers can argue that the allegedly false testimony is cause to reconsider the case. <br>
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According to the order issued Wednesday, Brown claims that Anita Jean Tucker lied when she testified that Brown told her he wasn't ``crazy'' but was acting ``crazy'' to avoid conviction. Brown also claims that prosecutors knew Tucker was lying. <br>
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Brown's attorneys also argued he's insane and unfit to stand trial for the May 12, 1975, killing of Brenda Sue Watson, but Wangerin rejected those arguments. Brown was dismissed from the military in 1966 for ``mental difficulties'' and was raised by an abusive alcohol father. <br>
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The 54-year-old Brown killed Watson, who was 21, after the two had a steak dinner and a night of dancing at a DeKalb County motel bar.