Stay issued in Fugate Execution

JACKSON - An official with the State Department of Corrections says a stay has been issued in the planned execution Wednesday night of death-row inmate Wallace M. Fugate the Third. <br> <br> Word of a stay by the Georgia Supreme Court came just 45 minutes before Fugate was scheduled to die by lethal injection. <br> <br> The court says it wants more time to consider Fugate&#39;s claim that the state Pardons and Parole Board unfairly denied him clemency. <br> <br> The court rejected a separate appeal earlier Wednesday. That appeal was based on Fugate&#39;s claims that lethal injection is cruel and unusual punishment. <br> <br> Corrections officials say Fugate had eaten what was to be his last meal and said goodbye to his parents and a sister. <br> <br> This is the second last-minute stay of execution for Fugate, who got a reprieve two hours before his scheduled death on June 18. <br> <br> Fugate was convicted of killing his wife in front of their 15-year-old son in 1991. <br> <br> Fugate has claimed he accidentally shot Pattie Fugate during a struggle outside their home. <br> <br> Fugate&#39;s attorney, Stephen Bright, says the pardons board had a conflict of interest when it denied clemency, because the board had challenged an earlier appeal by Fugate. <br> <br> Bright said - ``You can&#39;t have a clemency hearing while you&#39;re trying to kill the man, but they did.&#39;&#39; <br> <br> Bright says Fugate was anxious and somber, but hopeful a second stay would be issued. <br> <br> Bright called the experience ``a tortuous process.&#39;&#39; <br> <br> The Supreme Court can lift the stay during the next several days, clearing the way for Fugate&#39;s execution. If the matter is not decided within that time, a new death warrant must be issued by a Superior Court judge.