Mon., June 16, 2014 5:24pm (EDT)

UPDATED: Attorneys For Death Row Inmate Marcus Wellons File Emergency Appeal
By Adam Ragusea, Shauna Stuart
Updated: 1 month ago

ATLANTA  —  
Marcus Wellons Wellons is set to be the first person executed with Georgia's new secret source of lethal injection drugs.
Marcus Wellons Wellons is set to be the first person executed with Georgia's new secret source of lethal injection drugs.
(UPDATE, 3:36 PM Tuesday, June 17): Wellons' attorneys have filed an emergency appeal with the 11th Circuit Court of Appeals, asking the court to stay his execution.

The death row inmate's attorneys filed the appeal on the grounds that the state has a duty to disclose information about how it plans to execute Wellons, including specific information about the execution drugs and qualifications of the team carrying out the execution.

So far, this appeal does nothing to stop the clock.

Wellons is scheduled to be executed on Tuesday, June 17 at 7 p.m.

UPDATE, 9 P.M. Monday: Wellons lost his case in federal court Monday evening, said his attorney Gerald King. That suit alleged that the new secrecy surrounding Georgia executions represents a violation of Wellons' civil rights. King said he plans to appeal Tuesday.

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ORIGINAL STORY

The State Board of Pardons and Paroles voted Monday afternoon to deny clemency to death row inmate Marcus Wellons.

The 59 year old is scheduled to be executed Tuesday, June 17 at 7 p.m. at the state prison in Jackson.

Wellons is set to be the first person executed with Georgia's new secret source of lethal injection drugs.

He would also be the first person executed in the United States since Clayton Locket, who died April 29 of a heart attack after Oklahoma prison officials failed to kill him with lethal injection drugs also sourced from anonymous pharmaceutical companies.

He was convicted in 1993 of the 1989 rape and murder by strangulation of 15-year-old India Roberts. The two were neighbors in Cobb County.

Wellons’ lawyers still have an appeal pending in federal court (see update above). A state court denied Wellons’ appeal last Friday