On December 13, 2010, DNA results came back negative for the crime of which Mr. Gary was convicted and sentenced to death.
On December 16, 2009, Carlton Gary received a stay of execution from the Georgia Supreme Court, which ordered a hearing to determine whether DNA tests should be conducted. The execution scheduled for Dec. 16 has been cancelled.
The Board of Pardons and Paroles held a clemency hearing on Monday, Dec. 13, 2009, at which Mr. Gary requested a stay of execution and a DNA test of physical evidence. On Tuesday, Dec. 14, the Board denied his request.
On Wednesday, Dec. 9, 2009, Judge Robert Johnston denied Mr. Gary's motions for a stay of execution and a DNA test of physical evidence, saying the motion was intended to delay the execution.
On Friday, Dec. 4, 2009, Mr. Gary's attorney discovered physical evidence from the original crime scenes suitable for DNA testing, despite repeated claims by the state that no such evidence existed. On Monday, Dec. 7, 2009, he filed a motion for a stay of execution and a DNA test of this evidence. See Media Coverage for more information.
Carlton Gary's execution warrant was signed on Thursday, Dec. 3, 2009 by Muscogee County Superior Court Judge Robert Johnston. The warrant sets a time for Mr. Gary's execution between Wednesday, Dec. 16 and the following Wednesday, Dec. 23.