South Carolina executes man for first time in 13 years despite new evidence of his innocence | South Carolina

In South Carolina, a man sentenced to death was executed on Friday. Just days earlier, the prosecution's main witness had testified that he had lied during the trial and that the state was executing an innocent man.

Khalil Divine Black Sun Allah, 46, was killed by lethal injection and pronounced dead at 6:55 p.m., reported the Associated Press, which was one of several media witnesses to the execution.

His lawyers filed an emergency motion for a stay this week, citing new testimony suggesting he was wrongfully convicted. But the state Supreme Court rejected the motions and the state governor announced shortly before the execution that he would not grant a pardon.

Allah, formerly known as Freddie Owens, was strapped to a gurney in the death chamber when the curtain opened to allow media to watch the proceedings, the AP reported. He appeared to whisper a farewell prayer to his lawyer, who smiled at him. Allah appeared to be conscious for about a minute, then closed his eyes and took a deep breath.

His breathing became shallow and his face twitched for several minutes before he stopped moving. About 10 minutes later, he was pronounced dead. Allah made no final statement.

Allah's execution was the first in South Carolina in 13 years and could be the beginning of a series of executions in the coming months.

The state gave Allah the choice between lethal injection, electric shock or firing squad. However, Allah refused to agree to any of these methods, saying that it would be suicide and would be against his Muslim faith. His lawyer opted for lethal injection.

Allah was convicted of the armed robbery and murder of grocery store cashier Irene Graves in November 1997. He was 19 at the time. Graves, a 41-year-old mother of three, was shot in the head during the robbery. Allah has long maintained his innocence.

Prosecutors had no forensic evidence linking Allah to the shooting. Surveillance footage from the store showed two masked men with guns, but they were unidentified.

Prosecutors' case relied on testimony from Allah's friend and co-defendant Steven Golden, who was also charged with robbery and murder. When their joint trial began, Golden pleaded guilty to murder, armed robbery and criminal conspiracy and agreed to testify against Allah. Golden, who was 18 at the time of the robbery, said Allah shot Graves.

But on Wednesday, two days before his scheduled execution, Golden signed a sensational affidavit recanting his testimony. He said Allah was “not the person who shot Irene Graves” and was “not present” during the robbery. Golden's testimony says he was high when police questioned him a few days after the robbery and was pressured to write a statement blaming Allah.

“I substituted (Allah) for the person who was really with me,” he wrote, saying he kept the identity of the “real shooter” secret for fear that “his accomplices might kill me.” He did not name that person.

Golden said he agreed to plead guilty and testify when prosecutors assured him that if he cooperated, he would not face the death penalty or life in prison – an agreement that was not disclosed to the jury.

“I do not want (Allah) to be executed for something he did not do,” he wrote in the new affidavit. “This has weighed heavily on me and I want to have a clear conscience.”

The attorney general filed a response Thursday suggesting that Golden's new testimony was not credible and did not warrant a new trial. The state's lawyers also argued that other evidence pointed to Allah's guilt and claimed that Allah confessed to the shooting to his mother and girlfriend. But Allah's lawyers refuted the “abandoned ex-girlfriend” claims, saying his mother “rejected” a statement she had police sign that suggested her son had confessed.

“This court has the power and the responsibility to ensure that the state of South Carolina does not kill one of its citizens for a crime it did not commit,” Allah's lawyers wrote Thursday.

The attorney general's office declined to comment. The state Supreme Court sided with the attorney general, ruling that the new evidence did not constitute “extraordinary circumstances” justifying a delay and suggesting that other evidence supported Allah's guilt. The U.S. Supreme Court also denied Allah's final request for a stay on Friday, but liberal Justice Sonia Sotomayor indicated she supported a temporary stay of execution.

Dora Mason, Allah's mother, condemned the “grave injustice done to my son” and the “state's unwillingness to consider new evidence” in a statement released by a local activist on Friday before the execution: “I urge the people of South Carolina to consider the value of human life, the fallibility of our justice system and the irreversibility of the death penalty. I implore you to question the morality of killing a human being in the name of justice, especially when there is doubt.”

She expressed her condolences to the victim's family, prayed for them, pleaded with the governor to intervene and told her son: “I want you to know that I love you more than words can express. You have always been my shining example and your strength and resilience inspire me every day. I will stand by your side until the end.”

Allah's lawyers have also argued in recent weeks that a death penalty was inappropriate for his conviction. He was found guilty of murder without the jury specifically finding that he pulled the trigger. Prosecutors told jurors they could convict him of murder if they believed he was present during the robbery. It is rare for people to be executed for murders they did not directly commit.

His lawyers have also pointed out that he experienced severe violence as a child and has been diagnosed with brain damage. And Allah is one of the youngest people to be executed in South Carolina in decades at the time of the crime.

The return of executions

South Carolina has not carried out an execution since 2011. Amid growing backlash, pharmaceutical companies stopped selling lethal injection drugs to the state. But last year, South Carolina passed a law to conceal the identities of suppliers, and the state has been buying the sedative pentobarbital ever since.

The state Supreme Court announced five executions under Allah last month, arguing that there was a gap of at least 35 days between them.

The Rev. Hillary Taylor, executive director of South Carolinians for Alternatives to the Death Penalty, said Thursday that the flaws in Allah's case are a reminder that “the death penalty is not imposed on the 'worst of the worst,' but on the people who are least able to represent themselves in court. This is profoundly unfair.”

“Khalil should not have to die for someone else's wrongdoing. That is not accountability,” she added.

Ensley Graves-Lee, Graves' daughter, said in an interview Thursday that it had been a great strain on her family to have her tragedy in the news again in recent weeks and that she was shocked to learn of the new developments in the case.

“I understand it's probably difficult for the other side, and I'm sure they would do anything to save someone they love,” said Graves-Lee, who was 10 when her mother was killed. “I have to remind myself that I had no choice in the matter. I was 10 when she died and 12 when the verdict came down… I had no choice in the death penalty at all.” She added, “I feel like I'm preparing for a funeral… I don't know if there's closure after this, but I'm just trying to put that part behind me that's already been decided for me.”

Graves-Lee, a speech therapist, said she wanted her mother to be remembered for how hard she worked for her three children, holding down three retail jobs at the time of her death: “She dedicated her life to her children.” She said her mother took on additional jobs so she and her brother could pursue dance and gymnastics. “I'm sure she had dreams for herself, but she always put us first, she made any sport or activity we wanted to do possible.”

She also remembered her mother taking her to the mountains and looking at houses in the neighborhood that they dreamed of buying. She died on November 1, but had already done Christmas shopping for her children, and her former coworkers at Kmart sent her the gifts she had bought.

“I hate that my mother can't be here. The circumstances have taken a toll on both of us. My children don't have their grandmother. She didn't get to see her children grow up. And it wasn't fair to her,” Graves-Lee said. “I hope she can find peace after tomorrow.”