Attorney expects no effort to halt execution date set for this week

The defense attorney for convicted killer Donald Ray Wallace Jr. expects him to die by chemical injection early Thursday at the Indiana State Prison.\nAttorney Sarah Nagy has a \n40-page clemency request prepared to file with the state Parole Board, but Wallace won't allow her to file it. Because of that, Nagy said there is nothing she can do to try to stop the execution from going forward because Wallace -- convicted in the 1980 murders of an Evansville couple and their two young children -- has been clear in his wishes.\n"He's capable of making his own decisions," she said Monday. "If he had competency issues I would go behind his back and do what's in his best interest. But that's not the case here."\nWallace, 47, was convicted in 1982 of shooting to death Patrick Gilligan, his wife, Theresa, their 5-year-old daughter, Lisa and 4-year-old son, Gregory, while he burglarized their Evansville home.\nNagy said with no appeals left in state or federal courts and no clemency request, she expects Wallace to be executed shortly after midnight CST at the state prison in Michigan City.\nThe last person executed in Indiana who didn't seek clemency was Gerald Bivins, who was put to death in March 2001 for the killing of a minister at an Interstate 65 rest stop near Lebanon.\nThen-Gov. Frank O'Bannon did not review the case because Bivins specifically requested that clemency not be considered.\nD.H. Fleenor, who was executed on Dec. 9, 1999, also did not request clemency, but O'Bannon reviewed the case anyway because of disputes on whether Fleenor was mentally competent. O'Bannon denied clemency for Fleenor, saying evidence proved he was sane.\nGov. Mitch Daniels has been briefed on Wallace's case but does not plan to take any further action, said Jane Jankowski, the governor's press secretary.\n"No further review is under way," she said.\nNagy, an attorney in Indianapolis, said she has been in contact with Wallace daily and hoped he would change his mind.\n"I don't want my client to die," she said.\nShe said she will be at the prison on standby Wednesday evening ready to file the clemency request if Wallace changes his mind. She doesn't expect that to happen, though.\nIf he is executed, he would become the first person executed in Indiana since Joseph Trueblood was put to death on June 13, 2003.\nThen-Gov. Joe Kernan granted clemency in July to Darnell Williams, a week before his scheduled execution date, following an unanimous recommendation by the state Parole Board. In making his decision, Kernan said it would be unfair to execute him when a mentally retarded accomplice got a life sentence.\nIt was the first time in 48 years that an Indiana governor granted clemency in a capital case.\nKernan also granted clemency in January to Michael Daniels, an Indianapolis man convicted of murdering an Army minister in 1978.