In the filing, Gary wrote he was “recently notified that his lead counsel, Mr. Martin, has been diagnosed with cancer, thus depriving him of his health in ways known and in ways unknown.”
“The petitioner (Gary) does not know how long Mr. Martin has been stricken, or to what degree that may have affected his representation,” the filing continued.
On Wednesday, Martin spent three hours with the state Board of Pardons and Paroles, seeking clemency for Gary. The appeal was denied.
Also in recent days, Martin filed numerous legal appeals and conducted several media interviews in which he insisted that Gary, 67, was not the “Stocking Strangler.”
Gary was executed by lethal injection Thursday night at the Georgia Diagnostic and Classification Prison near Jackson.
He was pronounced dead at 10:33 p.m.
His initial appointed hour of execution — 7 p.m. — came and went while the appeals process played out.
While he waited, Gary declined to eat his final meal.
Thursday began with the courts weighing his last-minute appeals. The Georgia Supreme Court was the first to deny a stay of execution, followed by a no from the 11th U.S. Circuit Court of Appeals, and then the ultimate no Thursday night from the U.S. Supreme Court.
Gary is the first inmate to die by lethal injection in Georgia this year.