Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: TUESDAY, February 2, 1993 TAG: 9302020281
SECTION: VIRGINIA PAGE: B3 EDITION: METRO
SOURCE: Associated Press
DATELINE: ABINGDON LENGTH: Medium
JUDGE DENIES STAY
A judge Monday rejected a motion to delay the execution of Mickey Wayne Davidson, clearing the way for the Wednesday execution if the state Supreme Court does not intervene.Davidson's attorney, Anthony Anderson, was told of the judge's decision at 9:15 p.m. Anderson said he would appeal to the Virginia Supreme Court as soon as it convenes today.
Smyth County Circuit Judge Charles H. Smith Jr. denied the stay after taking the request under advisement following a hearing Monday afternoon. The reasons for Smith's decision were not available Monday night.
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.
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.
Anderson said all death row inmates in Virginia have been allowed to pursue the right of habeas corpus - a review of technical aspects of the trial. Davidson's appeals on the facts of the case have been rejected.
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.