Gov. Tim Kaine on Friday delayed the execution of a Maryland man sentenced to die for killing a Woodbridge couple in 2001.
Larry Bill Elliott, who at 59 is the oldest inmate on Virginia’s death row, was scheduled to be executed on Oct. 5 for the capital murder of 25-year-old Dana Thrall.
Friday, Kaine said he would delay Elliott’s execution until Nov. 17 so his office can have more time to review his clemency petition.
“Due to the complicated nature of this case, more time is necessary for me to review this clemency petition,” Kaine said in a statement.
Prince William Circuit Court Judge William D. Hamblen signed an order on Aug.10 setting the Oct. 5 date for Elliott’s execution.
Elliot filed a clemency petition with Kaine’s office on Aug. 28, claiming he is not guilty of the murders.
Elliott was convicted of capital murder for the Jan. 2, 2001 shooting deaths of 25-year-old Dana Thrall and 30-year-old Robert Finch. He was also convicted of first-degree murder for Finch’s death.
A jury first convicted Elliott of the crimes and sentenced him to death in 2002. But the jury’s verdict was thrown out after it was discovered that a juror discussed the case with her husband, an attorney, during the trial.
A second jury trial was held and a second jury convicted Elliott and sentenced him to death in 2003. He was also sentenced to life in prison for Finch’s murder.
During Elliott’s trial, prosecutors said that Elliott, a former Army intelligence officer, killed Thrall and Finch at their townhouse on Jousters Way in Woodbridge.
Prosecutors said that Elliott killed the couple because he was jealous of Finch, who was involved in a custody dispute with Rebecca Gragg.
Elliott was romantically involved with Gragg at the time.
In his statement, Kaine said that though state and federal courts have “consistently upheld Elliott’s convictions,” he needs more time to review the clemency petition “due to the complicated nature of this case.”
Elliott’s federal habeas corpus petition, seeking to stop his execution, was denied by the U.S. District Court in Alexandria in March and by the U.S. Court of Appeals in June.
The U.S. Court of Appeals denied Elliott’s petition for a rehearing in July.
Elliott’s attorneys could not be reached for comment Friday afternoon.
Elliott’s execution is one of two currently scheduled in Virginia. John Allen Muhammad,48, known as the “Beltway” sniper, is set to die Nov. 10 for killing 53-year-old Harold Dean Meyers at a Sunoco gas station in Manassas on Oct. 9, 2002.
Staff writer Amanda Stewart can be reached at 703-878-8014.
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