Georgia Attorney General Samuel S. Olens offers the following information in the case against Emmanuel Fitzgerald Hammond, who is currently scheduled to be executed on January 25, 2011 at 7:00pm.
On January 13, 2011, the
The Georgia Supreme Court summarized the facts of the case as follows:
Julie Love was last seen by her fiancé the morning of July 11, 1988. He called her that evening and she was not in. He left a message on her answering machine. He left another message the next day. When she did not return his calls, he thought at first that she was "sort of having her way" and "getting back at me a little bit." However, when she failed to return his call the next day he became concerned. He began calling her friends and family and discovered she had not been in touch with any of them either. He went to her apartment that evening with a policeman. She was not home, and they did not feel they had a right to enter her apartment at that time. However, after her car was discovered abandoned and out of gas half a mile from her fiancé’s house, a formal investigation was begun by the police. The investigation proved fruitless for over a year.
In August of 1989, Janice Weldon, a 34-year-old stripper at an
According to them, Porter, Weldon and Hammond were driving around the evening of July 11, 1988 in Hammond’s maroon Oldsmobile Cutlass sedan. They spotted Julie Love walking by the side of Howell Mill Road. At Hammond’s command, Porter, the driver, stopped so Hammond could ask her if she wanted a ride. Love answered in the negative, and pointed to a nearby house, claiming she lived there. She walked up the driveway and they drove off. Before they got out of sight, however, Hammond saw her returning to the road. Porter was told to turn around and drive by in the opposite direction, this time with his lights on bright. They drove past Julie Love again and saw farther up the road a car which they correctly deduced was hers. Hammond told Weldon to drive, and they returned to Julie Love. Weldon stopped the car, and Hammond, armed with a sawed-off shotgun, jumped out, grabbed the victim and threw her into the back of the car.
They drove to Grove Park Elementary School (which Hammond had attended). Love’s purse was searched and Hammond instructed Weldon and Porter to take her bank cards to an automated bank teller machine and get money, using an access number given them by Love. Hammond remained at the school with his sawed-off shotgun and Julie Love. The other two returned later without money or the bank cards. The access number they had tried to use was incorrect and the machines had kept the cards. Hammond, angry at this result, struck Love repeatedly with the shotgun. Porter then raped Julie Love.
Love, pleading not to be hurt, told Hammond she had more cards at home. They drove to Love’s apartment complex but were deterred from entering by the presence of a security guard at the entrance to the complex.
At this point, Weldon demanded she be allowed to go home. She was dropped off at her apartment and the remaining three returned to the
The sawed-off shotgun was recovered from Michael Dominick, to whom
After his arrest,
In addition to the foregoing, the state offered evidence establishing that on three previous occasions Emmanuel Hammond had kidnapped young women and robbed or attempted to rob them by obtaining their bank cards to use in automated teller machines. Moreover, he stabbed the third of these women numerous times and left her for dead on a trash pile in a wooded area.
The Trial (1989-1990)
The Direct Appeal and Remand Proceedings (1990-1995)
On direct appeal, the Georgia Supreme Court rejected all of
On March 14, 1994, the trial court denied
State Habeas Corpus Proceedings (1995-2003)
Federal Habeas Corpus Proceedings (2003-2008)
11th Circuit Court of Appeals (2008-2010)
On July 18, 2008, the Eleventh Circuit granted