Christopher Emmett execution in limbo

By Denice Thibodeau
Danville Register & Bee
Published: May 2, 2008

Christopher Scott Emmett’s stay of execution may be vacated if the U.S. Supreme Court approves a motion filed April 21 by Virginia Attorney General Bob McDonnell.

McDonnell claims Emmett’s stay should be vacated as a result of the Supreme Court’s recent decision in a Kentucky case that the lethal injection procedure is constitutional.

Gov. Timothy M. Kaine granted the stay last year, only hours before Emmett’s scheduled June 13 execution.

Kaine said the stay was needed to give the U.S. Supreme Court a chance to review Emmett’s case. 

Emmett was convicted in October 2001 for the April 2001 murder and robbery of co-worker John Fenton Langley at the Innkeeper on Riverside Drive in Danville. He was sentenced to death in November 2001.

Attorneys for Emmett argue that he received ineffective counsel because his public defender failed to investigate his background and present it at trial. The Supreme Court has refused to hear that appeal. 

Emmett’s attorneys also filed an appeal during the stay of execution, claiming Virginia’s use of lethal injection is dangerous.

They now contend the commonwealth’s lethal injection procedures do not meet the standards that the high court ruled constitutional on April 16.

McDonnell, however, claims the state should be allowed to set an execution date for Emmett due to the Supreme Court’s recent ruling.

“Clearly, Emmett is not entitled to a stay of execution now,” the attorney general’s motion reads. “The district court found a profound lack of harm which would occur if Emmett were executed under Virginia’s much-used, well-established lethal injection protocol.”

David Clementson, the deputy director of communications for the Attorney General’s Office, said Thursday that the motion to vacate is on the high court’s conference list for May 14.
Emmett’s appeal will be argued in the 4th Circuit Court on May 15.

Contact Denice Thibodeau at or (434) 791-7985.