The life of a Georgia man set to be executed tomorrow for killing an 8-year-old girl should be spared, his lawyer argues, explaining that her client has significant cognitive impairments that likely contributed to his crimes and has suffered horrific abuse in prison.

Virgil Delano Presnell Jr., 68, killed the 8-year-old girl and raped her 10-year-old friend after abducting them as they walked home from school in Cobb County, just outside Atlanta, on May 4, 1976. He was convicted in August 1976 on charges including malice murder, kidnapping and rape and was sentenced to death. His death sentence was overturned in 1992 but was reinstated in March 1999.

“Before society makes a man pay the ultimate price for a crime, it must determine if his culpability justifies the cost. In Virgil’s case, it simply does not. Virgil Presnell is profoundly disabled,” his attorney Monet Brewerton-Palmer wrote in a clemency application that was declassified Friday by the State Board of Pardons and Paroles.

Attorneys for Presnell have said in court filings that Presnell was born to a teenage mother who drank and smoked heavily throughout her pregnancy. Presnell suffered from fetal alcohol syndrome that damaged his brain and kept him “from ever developing into a functioning, responsible adult,” his lawyers argued.

Presnell would be the first person executed by the state of Georgia since the beginning of the coronavirus pandemic. The last person executed by Georgia was Donnie Cleveland Lance in January 2020. Georgia uses an injection of the sedative pentobarbital to carry out executions.

Compiled Sources / GNN