ATLANTA - The state Board of Paroles and Pardons has denied clemency for condemned killer Wallace Fugate. <br>
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Fugate is scheduled to be executed Tuesday night. <br>
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Fugate's attorneys had pleaded with the board to delay a clemency decision because two of its members resigned last week amid a state ethics investigation. Only one of the vacant seats had been filled before the Friday hearing. <br>
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Fugate's attorneys at the Southern Center for Human Rights have filed a lawsuit challenging Monday's parole board decision. An emergency hearing is set for 5 p.m. in Fulton County Superior Court. <br>
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His attorneys also have argued that the death penalty is excessive punishment for Fugate, who had no prior criminal history and who acted in the heat of passion. <br>
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The 52-year-old Fugate was condemned for the 1991 shooting death of his ex-wife. He has always contended that the gun fired accidentally as he struggled with his ex-wife, Pattie, at the family home.
