Three women are on death row in Alabama; two could join them in May

An Etowah County jury said Joyce Hardin Garrard should not join three other women on death row in Alabama.Seven of the 12 jurors voted for life in prison without parole, while five supported the death penalty. {}The jury of seven men and five women convicted the grandmother Friday of capital murder of her 9-year-old granddaughter, Savannah Hardin. {}They recommended life imprisonment Thursday, which was Hardin's 50th birthday.Judge Billy Ogletree has the final penalty decision and will formally sentence Garrard on May 11. {}Of the 33 states with capital punishment, Alabama is one of three to allow judicial override. {}Florida and Delaware also let judges select a different sentence than the jury, however it is rare in those states--Delaware currently has zero inmates on death row."Alabama is the only jurisdiction where judges can routinely override jury verdicts," defense attorney Bill Broome said."Since 1976, Alabama judges have overridden jury verdicts in capital cases 111 times, and in 101 of those instances, the judge issued a death sentence."Broome is the president of the Alabama Criminal Defense Lawyers Association, which is trying to get the Alabama legislature to pass a bill which would eliminate judicial override. {}He said the statistics are staggering: 91 percent of override cases result in a death sentence, and 80 percent of those cases involve judges making the decision in a year leading up to reelection.At the beginning of March, a Russell County jury convicted a Phenix City woman of capital murder. {}Lisa Graham hired a hitman to kill her daughter.Those jurors recommended the death penalty, and a judge will decide May 1 if Graham will be the fourth woman on death row in Alabama. {}Each of the three women currently on death row in Alabama killed their young children.A Franklin County jury recommended life for Christie Scott in 2009, but a judge sentenced her to death. {}Scott started a fire at her house which killed her six-year-old son. {}She bought a $100,000 life insurance policy for the child less than 24 hours before his deat.The other two women awaiting execution were both convicted in Houston County. {} Patricia Blackmon received her death sentence in 2002, for killing her adopted two-year-old daughter. {}Jurors convicted Tierra Gobble of killing her four-month-old son in 2005.Those three women are in custody at Tutwiler Women's Prison in Wetumpka. {}Of the 191 men on death row, 172 are jailed at Holman Correctional Facility in Atmore and 19 are behind bars at Donaldson Correctional Facility in Bessemer.Broome said he does not think juries women differently from men in courts. {}He said there are fewer capital cases involving women because most murders committed by women are "crimes of passion," and do not have a second offense to upgrade the charge to capital murder. {}Those include robberies, arsons, or a victim under the age of 14 years old, which was the situation in the Garrard case.Etowah County district attorney Jimmie Harp said after the sentencing verdict that his prosecutors went back and forth on the decision regarding asking for a death sentence for Garrard. He said they continued to debate it Thursday morning."You've got a female that doesn't have a criminal record. {}You've got mitigating factors," Harp said."It's something at the end of the day where we felt like it wasn't our job to decide, it was the jury's job to decide, and we let them do that."Harp has the opportunity to ask Judge Ogletree to order the death penalty at Garrard's sentencing in May. {}He said he will not ask for judicial override.The district attorney wants the judge to accept the recommendation of the jury."They heard all the evidence. {}They are the conscience of this community, a very good cross-section of people from this community, and we're going to respect jury's verdict today of life without parole and we're not going to resist," he said.Many ABC 33/40 viewers commented on Facebook and abc3340.com in opposition to the jury's decision. {}A lot of people want Garrard to receive the death sentence, and talked about spending tax money to "provide room and board."However, Broome said a death sentence can be more expensive, and just as lengthy for older inmates like Garrard who could potentially die before an execution date is set due to court-related delays.Alabama has not killed any female inmates by lethal injection. {}Four women died in the electric chair, and only one of those executies died in the past six decades.The state put Lynda Lyon Block to death in 2002 for the murder of Opelika police officer Roger Motley in 1993.Nearly half of Alabama's death row inmates were sentenced before 2000.{} Arthur Giles has been there since 1979. {}The state has only executed one person since the beginning of 2012."You're talking probably an average of 20 years. {}There are numerous appeals... {}After the sentencing, typically the lawyers file a motion for a new trial alleging various errors in the trial," Broome said.One of Garrard's attorneys, Sam Bone, told ABC 33/40 in a written statement that he and his co-counsel intend to appeal."Then there's a direct appeal to the Alabama Court of Criminal Appeals. {}Then if that's denied, there's a motion for rehearing in the Alabama Court of Criminal Appeals. {}Then there's an appeal to the Alabama Supreme Court, then there's motions for rehearing in the Alabama Supreme Court, and then you go through the federal system, which could take years," Broome said."The state typically appoints two lawyers in state appellate cases. {}In the federal system, most circuits have a public defenders office, but that comes out of the budget, so they're paid by the taxpayers."Broome has worked on 50 different capital cases, and represented 18 defendants in trials. {}Most of the 18 were convicted, but none of them received the death penalty. {}A jury recommendation for death requires 10 votes, and Broome said he is always looking for at least three votes for life.He said he rarely sees a 7-5 vote for life imprisonment; usually there are eight or more. {}Seven is the minimum number of juror votes for that sentence.Joyce Hardin Garrard's daughter-in-law, Jessica Hardin, is charged with murder for the death of her step-daughter Savannah.