New research on condemned man's claims

UNDATED - The man schduled to be executed Monday night for killing an Oakwood pizza store manager was one of the first defendants in the country to attempt to use genetics as a legal defense. <br> <br> The courts have denied such appeals, but, new research released last week suggests there are two types of genes that control production of an enzyme that breaks down chemicals linked with mood and aggression. <br> <br> The new research published Friday in the journal Science does not identify a &#34;criminal gene,&#34; but it shows that people with these genes may be more likely to display anti-social or violent behavior. Stephen Anthony Mobley wanted to be tested to determine whetehr his genetic makeup predisposed him to violent and agressive behavior<br> <br> Mobley, 37, is set to die at the state prison in Jackson, at 7:00 Monday night for the 1991 killing of John Collins, 24, during the robbery of a Domino&#39;s Pizza store in Oakwood. <br> <br> The state Board of Pardons and Paroles denied a clemency request Thursday despite pleas from the victim&#39;s family. Hours later, the Georgia Supreme Court denied a motion to stay the execution. The U.S. Supreme Court recently declined to hear his appeal. <br> <br> John Finch, the husband of Collins&#39; sister and a Cumming attorney, said the execution would only bring the family more grief. <br> <br> ``Wholeheartedly, what happened in 1991 was horrendous, but we found closure,&#39;&#39; Finch told a Gainesville newspaper, The Times. ``How long this will affect us, we don&#39;t know. But we feel we will be harmed if the execution is allowed to go through.&#39;&#39; <br> <br> Collins was a North Georgia College student working as a night manager at the store on Feb. 17, 1991. Mobley shot him in the face during the robbery. A Hall County jury sentenced Mobley to die in 1994. <br> <br> Mobley is serving sentences for murder, three counts of armed robbery, possession of a firearm during a crime, possession of a firearm by a convicted felon and aggravated assault. <br> <br> While in jail, Mobley hung a Domino&#39;s Pizza box in his jail cell and had the word ``Domino&#39;&#39; tattooed on his back. <br> <br> Jack Martin, one of Mobley&#39;s attorneys, said no one wants to see him executed. <br> <br> ``The victim&#39;s family said it would hurt them if he was executed,&#39;&#39; Martin told The Atlanta Journal-Constitution. ``And we had signed affidavits from six jurors urging the board to spare him. I can&#39;t believe the board would turn a deaf ear to this.&#39;&#39; <br> <br> Many of Mobley&#39;s appeals have claimed that he should have been given $1,000 to be tested to determine whether his genetic makeup predisposed him to violent and aggressive behavior. He&#39;s one of the first defendants in the country to attempt to use genetics as a legal defense. <br> <br> The courts have denied those appeals, but new research published Friday in the journal Science suggests there are two types of genes that control production of an enzyme that breaks down chemicals linked with mood and aggression. The article did not identify a ``criminal gene,&#39;&#39; but it showed that people with these genes may be more likely to display anti-social or violent behavior. <br> <br> Mobley will be Georgia&#39;s seventh prisoner to die by lethal injection. There are 119 people, including Mobley and one woman, currently on death row.