ALBANY, Ga. (WALB) - The attorney for death row inmate Ray Cromartie filed a new motion ahead of his scheduled execution on Wednesday.
Attorney Shawn Nolan said there is new and reliable evidence of Cromartie’s innocence.
He sent an affidavit to the Middle District court.
Nolan said Thaddeus Lucas, Cromartie’s co-defendant and half-brother, gave “never-before-heard evidence” that another man is guilty of the crime.
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Cromartie’s attorney is also planning to file a petition Tuesday to the United States Supreme Court to stop the execution and order DNA testing be completed.
“No court has ever heard or considered this new evidence of Ray Cromartie’s innocence," Nolan said. "The state has denied his requests for DNA testing for years. Mr. Cromartie’s jury sentenced him to death based on their conclusion he was the shooter. If he was not the shooter, his death sentence is not valid and his execution must not proceed. Even the victim’s daughter has repeatedly asked the state to test the DNA before any execution is carried out. It would be a horrific miscarriage of justice to execute Ray Cromartie without full consideration of all the facts in his case, including the new evidence of his innocence.”
Cromartie was originally scheduled to be executed on Oct. 30.