Posted on 05/02/2003 6:46:16 PM PDT by kcordell
Board rejects appeal to spare Alday killer Carl Isaacs
The Associated Press
The Georgia Board of Pardons and Paroles denied an appeal Friday to commute the decades-old death sentence of Carl Isaacs, the nation's longest-serving death row inmate.
Isaacs, 49, is scheduled to receive a lethal injection Tuesday for orchestrating the slaughter of six members of the Alday family in their home during a burglary in 1973.
There were no extraordinary circumstances that would have justified commuting Isaacs' sentence, said Heather Hedrick, spokeswoman for the board.
"Carl Isaacs needs to be executed," said Susan Chambliss, whose grandfather Ned Alday was killed when she was 8 years old. "Nothing should stand in the way of this happening. We've waited 30 years for this."
A lawyer had argued that Isaacs should not be executed because he was abused as a child, he has cancer and is a changed man.
"As are all of us, he is far from perfect, but he is not the devil," attorney Jack Martin wrote the board. Isaacs is "not the same hotheaded person he was when he was 19."
The five-member board held a private hearing to consider Isaacs' request. They later met with the victims' family.
The Aldays, a family of farmers in rural southwest Georgia, were shot to death as they arrived home for lunch at their trailer. Ned Alday was gunned down along with three sons, a brother and a daughter-in-law, who was also raped before being killed. Prosecutors called the slayings the most gruesome murders in the state's history.
"He's not even a human being," said Paige Seagraves, another of Ned Alday's granddaughters. "If I had something to say to him, it would be 'May God have mercy on your soul because you had no mercy on my family."'
Three other men also were convicted in the murders. Two are serving life sentences; the third was released from prison in 1993.
In his application for clemency, Martin contends that Isaacs is not the same man today as the 19-year-old killer. Martin's petition described Isaacs as the product of an abusive, neglected childhood who was gang raped by other inmates in a riot at the Maryland State Prison less than two months before the Alday murders.
"The Carl Isaacs who is about to be executed is "obviously not the same damaged, out of control youth who committed awful crimes at the age of 19.
"He is older, wiser, worn down by 30 years of harsh imprisonment, and is no longer a threat to anyone," Martin's appeal for clemency stated.
"He has been diagnosed with cancer and his bladder has been removed. He has to wear a colostomy bag," Martin added.
Isaacs' illness is not by itself a reason for clemency, the attorney argues, but "there is a something unsettling and unseemly about executing a man who may well be terminally ill."
Martin's petition also argues that it is "fundamentally unfair...to single out one offender for a death sentence while others who are equally or more culpable for the same crime are sentenced to life."
Isaacs, Coleman and Dungee initially were convicted and sentenced to death in brief separate trials in January 1974 by Seminole County Superior Court juries, largely on the eyewitness testimony of Carl Isaacs' 15-year-old brother, Billy.
Their convictions and death sentences were overturned in 1985 by a federal appellate court and the were granted new trials. The court said pretrial publicity prejudiced the Seminole jurors and that the trials should have been held in another jurisdiction.
Isaacs, who prosecutors contend has boasted of being the ringleader, was convicted and sentenced again to death in a 1988 retrial in Houston County.
Coleman was convicted the same year by a DeKalb County jury and was sentenced to life without parole. Dungee, who is borderline mentally retarded, later entered a guilty pleas to six counts of murder and was sentences to life in prison.
-- Staff writer Bill Montgomery contributed to this story.
bttt . . .
I thought I was on that thread . . .
Everytime I read the above, I am flabbergasted as to how anyone could waste their time defending "poor, deprived, Carl Isaacs."
I didn't see any obstacles to delay the Texas date with justice for tonight.
Bu-bye, bad guys !
Carl Isaacs, who helped kill six members of a southwest Georgia farming family 30 years ago, was put to death tonight.
The 49-year-old Jackson died of a lethal injection at 8:07 p.m. at Jackson State Prison for orchestrating the Alday family killings at Seminole County home on May 14, 1973.
Appeals and a retrial kept Isaacs on death row longer than anyone else in the nation.
Defense attorney Jack Martin Martin said that Isaacs has apologized for his misdeeds. As of the "cruel and unusual claim," Martin said, "He's been boxed up in a little cage for 30 years, a place where every now and then they take on (inmate) off and kill him. It's a strange society."
Part of Isaacs' last hope was finding a long-lost recording of an invocation by a minister at the 1988 retrial.
Isaacs' unsuccessful state appeal, filed Monday in the Supreme Court of Georgia, claimed the judge presiding over the 1988 retrial erred when he did not tell defense attorneys that a prayer was not transcribed by the court reporter.
Martin said the minister "apparently instructed the jurors to follow 'God's will,' rather than their own individual ideas about what should be done." Martin said that "raises serious questions as to whether religious principles were improperly interjected into Petitioner's trial."
The appeal says the judge knew of this error and should have immediately informed attorneys, so that a media tape recording could have been used for the trial record.
Isaacs, and fellow prison escapees Wayne Coleman and George Dungee were sentenced to death in 1974 and again in 1988 of shooting to death six members of a Seminole County farm family in southwest Georgia after they interrupted a burglary.
The three men were granted new trials in 1985 when a federal appeals court ruled extensive pre-trial publicity prevented them from getting a fair trial. Isaacs was again sentenced to death, but a jury deadlocked on giving Coleman the death penalty. He was sentenced to life. Dungee later pleaded guilty but mentally retarded and was sentenced to life in prison.
1Tim.:9 knowing this: that the law is not made for a righteous person, but for the lawless and insubordinate, for the ungodly and for sinners, for the unholy and profane, for murderers of fathers and murderers of mothers, for manslayers,
Rom.1:31 'Moreover you shall take no ransom for the life of a murderer who is guilty of death, but he shall surely be put to death.33 'So you shall not pollute the land where you are; for blood defiles the land, and no atonement can be made for the land, for the blood that is shed on it, except by the blood of him who shed it. 34 'Therefore do not defile the land which you inhabit, in the midst of which I dwell; for I the LORD dwell among the children of Israel.'"
26 For this reason God gave them up to vile passions. For even their women exchanged the natural use for what is against nature. 27 Likewise also the men, leaving the natural use of the woman, burned in their lust for one another, men with men committing what is shameful, and receiving in themselves the penalty of their error which was due. 28 And even as they did not like to retain God in their knowledge, God gave them over to a debased mind, to do those things which are not fitting; 29 being filled with all unrighteousness, sexual immorality, wickedness, covetousness, maliciousness; full of envy, murder, strife, deceit, evil-mindedness; they are whisperers, 30 backbiters, haters of God, violent, proud, boasters, inventors of evil things, disobedient to parents, 31 undiscerning, untrustworthy, unloving, unforgiving, unmerciful; 32 who, knowing the righteous judgment of God, that those who practice such things are deserving of death, not only do the same but also approve of those who practice them.
Rev.21:8 But the fearful, and unbelieving, and the abominable, and murderers, and whoremongers, and sorcerers, and idolaters, and all liars, shall have their part in the lake which burneth with fire and brimstone: which is the second death.
But the "second death" does not mean that they will be simply annihilated. Rev.20:10 and other such passages in Revelation indicate that the "second death" or Hell consists of being "tormented day and night forever and ever."
By Wayne Ford
wford@onlineathens.com
Paige Seagraves, granddaughter of Ned Alday, killed 30 years ago with five members of his family in south Georgia's Seminole County, talks about the effect the slayings have had on her life. Dot Paul/Staff Paige Seagraves' office is decorated in a country-western style that hints at her life on a Jackson County cattle farm, but it doesn't give a clue to the darkness that has shadowed her and her family for the past 30 years.
When Carl Isaacs was put to death by lethal injection Tuesday, it was a finality that Seagraves believes should have happened long ago.
''I don't think there will ever be closure on this case. This is something my grandchildren will talk about one day,'' said Seagraves, the granddaughter of Ned Alday, who was killed by Isaacs on May 14, 1973, along with three of his sons, his brother and his daughter-in-law. Isaacs had been the longest-serving death row inmate in the country.
Seagraves, a senior probation officer working in Athens, believes her decision to major in criminal justice at the University of Georgia was likely influenced by the case. ''I don't know if it was a conscious decision, but I've grown up in the courts (due to the case), so I've had an interest in the criminal justice system,'' she said.
Seagraves was born the year after the Aldays were murdered in a mobile home on the 525-acre farm owned by Ned Alday in south Georgia's Seminole County. Isaacs and two other men, all of whom had escaped a Maryland prison, were convicted in the murders, but their convictions were overturned in 1985. Isaacs was again sentenced to death in a retrial. The others, Wayne Coleman and George Dungee, are serving life sentences.
The case garnered national attention for its brutality and how the family was killed one after another other as they came in from the fields. The woman, Mary Alday, was raped repeatedly before she was killed.
''It's really strange to think that Carl Isaacs is gone because all my life, I've lived in the shadow of this case,'' she said.
Law enforcement personnel at the Alday trailer in Donalsonville after the murders on May 14, 1973. Carl Isaacs was put to death Tuesday by lethal injection for his role in the notorious slayings. Two others are serving life sentences.
On Tuesday night, she and about 60 members of the Alday family, most from Seminole County, went to the state prison in Jackson for the execution. Seagraves and her first cousin, Susan Chambliss, acted as the family spokeswomen for the waiting throng of reporters.
Seagraves' mother, Faye Barber, was one of four Alday family members allowed to view the execution, which was a reversal of policy for the prison system. At least since 1973, family members were not allowed to view executions.
''I think that after 30 years, that's the least the state could do for us. I think we were owed that,'' Seagraves said.
''I was worried my mom was going to break down. She's pretty quiet and never had much to say about it,'' Seagraves said'' Her mother was 18 at the time of the shootings, the youngest of the Alday children.
Seagraves talked to her mother following the execution. ''She said he looked around and then he just went to sleep. She said, 'I don't know what I expected, but it seemed he got off too easy.'
Seagraves said many in the family hoped that Isaacs would have made a final statement.
''But we knew he probably wouldn't,'' she said. ''We were hoping for an apology or some form of remorse, but it didn't happen.''
But Seagraves said she and others had waited a long time for Isaacs' execution. That's why so many family members traveled to Jackson.
''It was emotional at times, and people would break down and cry. It was a reunion, and it was kind of our day. It was what we had all been waiting for. But no one said the word justice. No one. No one in the family feels it was justice.''
''How can you have justice when the other two are still sitting in prison and it took 30 years to get here?'' she said.
Seagraves grew up in Warner Robins, but spent many holidays and summers at her grandmother's home in the Seminole County town of Donalsonville. She learned at an early age about the murders of her family.
''Everyone in the family was very open to the grandchildren about what happened,'' she said.
She particularly remembers the influence of her grandmother, who died in 1998.
''We were never allowed to say anything bad about Carl Isaacs. My grandmother was a very Christian woman, the matriarch of the family and she believed God would deal with them.''
''She was a very dignified person and she wanted a lot of dignity for the family and would not resort to name-calling,'' Seagraves said. ''She would say, 'One day it will happen, and it will happen in the Lord's time.'
Seagraves said the case has affected the way she views politics.
''I always look at a candidates' stand on victims' rights and crime control. That's something I always look at when I vote, and I vote in every election.''
Seagraves said she is upset with comments made by Isaacs' lawyer, Jack Martin, who told reporters afterward that ''we have become one with the killers and we are all the lesser for it.''
''I hope Jack Martin never learns the difference between a legal execution and having six members of his family murdered,'' she said.
Seagraves said the Alday murder case will have lasting effects.
''We lost our heritage, and Donalsonville, Georgia, lost its sense of security and the Alday family lost faith in the criminal justice system,'' she said.
In Seminole County, a cornfield now blankets the murder scene, the mobile home was moved to someplace in Florida and an imposing black-marble monument marks where the Aldays are buried at Spring Creek Baptist Church.
And the state's most notorious mass murder case has made an indelible mark on its living victims. ''It shaped who I am,'' Seagraves said.
That is more than I make a year.
I remember this when it happened. Shocking big news in Georgia. I was 6, almost 7, and it was my introduction to 'bad guys' in the world.
If it hadn't been storming this past Tuesday night, me and the Mr. and the 3 little ones seriously considered going to Jackson (30 miles for us) and FReeping the protestors.
In one of the stories, the husband of the daughter, who was 18 when her family was killed, said something to the extent that the protestors never held a candle light vigil at the gravesites of the Alday family.
Isaac's lawyer also said in court that many of us did things when we were 19 that we regret today. Um, excuse me...I don't think MURDER is a youthful mistake. Rolling a house with TP? Sure. Viciously slaughtering a family? Gee, let me think about it...
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