A convicted child killer, Virgil Delano Presnell Jr., is set to be executed Tuesday night but his attorney argues that he need to be spared owing to “significant cognitive impairments” and an abusive childhood, according to experiences from The Atlanta Journal-Structure (AJC).

The killer’s attorney explained these factors might have contributed to his crimes virtually five a long time back.

The clemency hearing for Presnell’s, now 68 several years outdated, begun at 9 a.m. Monday prior to the State Board of Pardons and Paroles panel. The panel has the authority to hold off his execution or transform his death sentence to a phrase of daily life in prison, in accordance to studies from the AJC.

The shut-door hearing is predicted to last all day and a closing final decision possible will not be produced in advance of this night.

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In May of 1976, Presnell kidnapped two Cobb County girls on as they walked home from Russell Elementary Faculty. He raped the 10-calendar year-old and then drowned her 8-year-aged close friend in a close by creek when she tried to run.

Presnell was sentenced to death later that year, and again in 1999 right after his to start with sentence was overturned, in accordance to the AJC.

In a clemency ask for submitted to the parole board, Presnell’s legal professional, Monet Brewerton-Palmer, asked that his scheduled execution be delayed three months and eventually commuted to lifestyle devoid of parole.

The 51-webpage submitting indicates Presnell has severe mind injury from his mother’s significant consuming when she was expecting. His law firm also stated that he was elevated in an abusive and unstable atmosphere, and sexual abuse was ongoing in Presnell’s spouse and children, according to reports from the AJC.

The submitting also talks about Presnell’s time on loss of life row, in the course of which he was routinely raped and crushed at two condition prisons.

Brewerton-Palmer claimed his customer served “enough time” and “a difficult time.”

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“His crime was the worst of the worst — and so has his sentence been,” claimed Brewerton-Palmer.

In accordance to AJC studies, the law firm claimed Presnell is “deeply and profoundly sorry” for the ache he triggered his victims and their people and wishes he could “take it all back again.”

The previous U.S. Rep. Buddy Darden, who was Cobb’s district legal professional at the time claimed the kidnapping and murder of 8-yr-outdated Lori Ann Smith shocked the South Cobb local community. He mentioned as extended as the demise penalty stays in the state of Ga, Presnell should really get it, according to AJC studies.

“This was an egregious situation and there was in no way any real doubt about the evidence,” Darden reported, noting that lifetime without having parole was not an possibility through Presnell’s original sentencing.

The AJC noted that in spite of the abuse he endured through his 46 many years on death row, Presnell has a “spotless disciplinary historical past and has been a product prisoner,” his lawyer argued.

He was 22 when he was convicted, but now he is a “quiet, uncomplicated aged male with a developmental disability who adores his son and his sister,” Brewerton-Palmer stated.

“Executing him just after all this time would provide no objective, and would carry a lot more agony to far more harmless men and women,” she wrote in the clemency request. “It would also be wholly opposite to the beliefs of a civilized modern society to execute a person so profoundly disabled.”

A individual hearing is scheduled Monday afternoon in Fulton County Superior Court, wherever attorneys filed a lawsuit past week versus the condition and Attorney Typical Chris Carr. The lawsuit contends the conclusion to execute Presnell now violates last year’s penned arrangement with the AG’s business suspending most executions right up until right after the COVID-19 pandemic, according to stories from the AJC.

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