COLUMBIA, S.C. — Attorneys for Freddie Owens have filed an emergency motion to reconsider the denial of a stay of execution based on an affidavit filed by Owens' co-defendant, Steven Golden, stating that Owens did not shoot Irene Graves during a robbery at the Speedway convenience store on Nov. 1, 1997.
“Freddie was not present when I robbed the Speedway that day,” Golden's statement said.
As for the timing of the affidavit, Golden said, “I'm coming forward now because I know Freddie's execution date is September 20, and I don't want Freddie to be executed for something he didn't do….I want to have a clear conscience.”
Owens' lawyers argue that Golden's affidavit amounts to new evidence in Owens' case and "meets this Court’s standard for a new trial based on actual innocence" and that "Golden’s statement also has direct and perhaps dispositive relevance for the claims of constitutional error that Mr. Owens has presented to this Court, and which this Court denied in its September 12 order."
The Supreme Court of South Carolina denied an earlier request for a stay on Sept. 12 because the justices determined the evidence presented at that time did not reach the "exceptional circumstances" that would allow another appeal.
Golden had previously testified in court that Owens shot Graves in the head because she could not get the store safe open. Store surveillance did not provide a clear picture of the shooting, prosecutors never found the weapon, and they didn't present any scientific evidence linking Owens to the killing at his trial.
Golden was sentenced to 28 years after pleading guilty to voluntary manslaughter, and Owens was found guilty of murder and sentenced to death.
On Sept. 6, 2024, Owens had his lawyers choose lethal injection as the manner of his death rather than the electric chair or firing squad.
On Sept. 18, Owens asked South Carolina Governor Henry McMaster for clemency. McMaster has said he will stick to the historic practice of announcing his decision on the phone with the prison minutes before Owens' lethal injection is set to start.
Should the execution take place Friday morning, it would be the first in the state in 13 years.