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Attorney General Announces Execution Date For Timothy Don Carr

PRESS ADVISORY

Attorney General Announces Execution Date For Timothy Don Carr

January 12, 2005

Georgia Attorney General Thurbert E. Baker offers the following information in the case against Timothy Don Carr, who is currently scheduled to be executed at 7:00 p.m. on January 25, 2005.

Scheduled Execution

Timothy Don Carr has completed all his post-conviction proceedings in both state and federal courts. Therefore, on January 6, 2005, the Superior Court of Monroe County filed an order, setting the seven-day window in which the execution of Timothy Don Carr may occur to begin at 7:00 p.m., January 25, 2005, and end seven days later at 7:00 p.m. on February 1, 2005. The Commissioner of the Department of Corrections has set the specific date and time for the execution as 7:00 p.m., January 25, 2005, pursuant to the discretion given the Commissioner under state law.

Carr’s Crimes

The Supreme Court of Georgia summarized the facts of the case as follows:

Carr, his girl friend Melissa Burgeson, and the 17-year-old victim attended a party on the evening of the crimes, where they all consumed alcohol and used drugs. Carr and Burgeson discussed robbing the victim at the party. In the early hours of the following day, Burgeson took the victim's car keys and talked him into letting her drive him home. Burgeson drove the victim, Carr, and two juveniles to a remote area of south Monroe County in the victim's car. During the ride, Carr showed one of the juveniles a large knife and whispered that he intended to kill the victim. Burgeson stopped the car on a dirt road, and when the victim opened the trunk to look for more drugs, Burgeson motioned to Carr to kill him. Carr grabbed the victim's hair, pulled his head back and slashed his throat. At Burgeson's urging, Carr stabbed the victim repeatedly and then beat him in the head with a baseball bat. After Burgeson took the victim's money, Carr and one of the juveniles dragged the victim's body to the roadside, leaving him to die from his injuries. Carr and Burgeson fled to Tennessee in the victim's car and were arrested following a high speed chase. After receiving medical treatment at a local hospital, they were placed in the back of a police car in which police had activated a hidden tape recorder. Their recorded conversation, in which Carr admitted killing the victim, was introduced into evidence at Carr's trial. The jury was also authorized to find from the evidence that the knife used to stab the victim was discovered in Burgeson's purse.

Carr v. State, 267 Ga. 547, 548, 480 S.E.2d 583 (1997).

The Original Trial (1992-1995)

The Monroe County Grand Jury indicted Carr for the murder of Keith Patrick Young during the November Term, 1992. Carr was tried on April 18 through April 27, 1994, and found guilty in the Superior Court of Monroe County, Georgia on April 27, 1994. District Attorney Tommy Floyd, prior to the splitting of the Flint Circuit, tried the case. On April 28, 1994, Carr was sentenced to death for the murder. Carr’s motion for new trial was denied on October 24, 1995.

The Direct Appeal Proceeding (1997)

Carr was represented by Harold E. Martin and Michael A. Dillon. The Supreme Court of Georgia unanimously affirmed Carr’s conviction and sentence on February 3, 1997 in Carr v. State, 267 Ga. 547, 480 S.E.2d 583 (1997). Carr’s petition for a writ of certiorari was denied by the United States Supreme Court on October 14, 1997. Carr v. Georgia, 522 U.S. 921 (1997).

State Habeas Corpus Petition (1998-2001)

Carr, represented by Nila Jean Robinson and Brian S. Kammer, filed a petition for a writ of habeas corpus in the Superior Court of Butts County, Georgia, on February 13, 1998. An evidentiary hearing was held on September 23-24, 1999. On June 23, 2000, the state habeas corpus court granted Carr state habeas corpus relief on the claims of ineffective assistance of counsel in the preparation and presentation of Carr’s case, but denied all other claims. The State appealed to the Georgia Supreme Court which unanimously reversed the habeas corpus court’s order and reinstated Carr's sentence on March 19, 2001. Head v. Carr, 273 Ga. 613, 533 S.E.2d 409 (2001). Carr’s petition for a writ of certiorari was denied by the United States Supreme Court on October 1, 2001. Carr v. Head, 534 U.S. 905 (2001).

Federal Habeas Corpus Petition (2001-2002)

Carr, represented by Thomas H. Dunn, Brian S. Kammer and Nila Jean Robinson, filed a federal habeas corpus petition in the United States District Court on July 2, 2001, which was denied on January 31, 2002. After the Eleventh Circuit Court of Appeals denied Carr review on two separate occasions. On July 8, 2002, the trial court ordered Carr’s execution set for the week of July 18, 2002 through July 25, 2002. Carr then filed a “Petition for Rehearing En Banc and/or Application to the Court En Banc for a Certificate of Appealability” on July 11, 2002, a Motion to Vacate the Order Setting Execution and three supplements to the Motion to Vacate.

Appeal to the Eleventh Circuit (2002-2004)

On July 18, 2002, the Eleventh Circuit Court of Appeals vacated its June 27, 2002 denial of a certificate of appealability and granted a certificate of appealability. Oral argument was held on March 11, 2003. On March 31, 2004, the Eleventh Circuit issued an opinion which denied relief. Carr v. Schofield, 364 F.3d 1246 (2004). Carr filed a petition for panel rehearing on April 21, 2004, which was denied on June 3, 2004.

Denial of Certiorari review by U.S. Supreme Court (2004)

Carr filed a petition for writ of certiorari in the United States Supreme Court on November 1, 2004. The United States Supreme Court denied certiorari on December 13, 2004.