Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: TUESDAY, February 2, 1993 TAG: 9302020279
SECTION: VIRGINIA PAGE: B1 EDITION: STATE
SOURCE: Associated Press
DATELINE: ABINGDON LENGTH: Medium
KILLER CAN'T APPEAL
Mickey Wayne Davidson, scheduled to die in the electric chair Wednesday night, has given up his opportunity to appeal the case, an assistant attorney general told a judge Monday.Smyth County Circuit Judge Charles Smith plans to issue his decision on a stay of execution today.
Since his July 1991 conviction for the murder of his wife and two stepdaughters, Davidson has wavered between appealing his death sentence and letting the sentence be carried out.
Saturday, he ordered his lawyer, Anthony Anderson, to stop seeking a delay. On Sunday he asked Anderson to seek the delay.
"Given the volatile nature of being on death row, one does become wishy-washy," Anderson told Smith. But he added that Davidson now is adamantly seeking a review of his case.
Oliver Norrell, an assistant attorney general, argued that the legal deadline for Smith to postpone the execution has passed.
"The main thrust of their argument is that Mickey has changed his mind and delayed the proceedings and he ought to be punished," Anderson said. "That would set a pretty horrible precedent."
Davidson, who is being held in a cell near the electric chair at Greensville Correctional Center, listened to the proceeding over the telephone. He answered "yes" twice when the judge asked him if he was listening and if he could hear, but said nothing else.
If Smith rejects the stay request, Anderson said he will quickly appeal to the Virginia Supreme Court.
Davidson admitted killing his wife, Doris Davidson, 36, and his two stepdaughters, Mamie Clatterbuck, 14, and Tammy Clatterbuck, 13. Davidson bludgeoned them to death with a crowbar at the family's Saltville home on June 13, 1990.
Davidson said he killed the three because his wife was planning to leave him.
Last year, the Virginia Supreme Court upheld Davidson's conviction and the U.S. Supreme Court refused to hear his appeal. Davidson was scheduled to be executed in August, but was given a stay to file a last-minute appeal. He later dropped that appeal. The execution date then was set for Wednesday.
In January, however, Davidson requested another stay of execution to again pursue his appeals in both state and federal courts.