RICHMOND, Va. (AP) -- Governor Tim Kaine this evening delayed the execution of a man who bludgeoned a co-worker to death with the base of a brass lamp.

Christopher Scott Emmett had been scheduled for exection at nine o'clock tonight. Emmett killed John Langley in a Danville motel room in 2001 while attempting to rob him of money so he could buy crack cocaine.

The U-S Supreme Court today rejected Emmett's request for a stay of execution this afternoon, although four justices noted that they would have granted his request. But Kaine stopped the execution, saying he wants to give the Supreme Court until October 17th to consider hearing an appeal.

Emmett's execution would have been the 99th carried out in Virginia since the Supreme Court reinstated capital punishment in 1976.

(Copyright 2007 by The Associated Press. All Rights Reserved.)

Statement released by Governor Tim Kaine:

Christopher Scott Emmett was convicted of the murder of friend and co-worker John Fenton Langley on October 10, 2001. He killed Langley in their hotel room and then proceeded to rob him of $100 to purchase cocaine. Emmett was sentenced to death. 

Given the nature of this crime, I have no reason to question the prosecutor’s decision to seek the death penalty or the jury’s decision that death was an appropriate punishment. State and federal courts have consistently upheld Emmett’s conviction and sentence. 

Emmett is scheduled to be executed this evening at 9:00 p.m. He has filed a writ of certiorari with the United States Supreme Court seeking review of his conviction and sentence, as well as a motion to stay his execution. Earlier today, the Court denied his stay motion, with four Justices voting to grant the stay. 

The Court has yet to consider whether to grant Emmett’s writ of certiorari. Under the Rules of the Supreme Court, the writ will be granted if four Justices vote to accept his appeal. The Court does not expect to consider his appeal until late September. 

Basic fairness demands that condemned inmates be allowed the opportunity to complete legal appeals prior to execution. Allowing Emmett’s execution to go forward before the Supreme Court rules on his appeal would foreclose any additional review of his case. The irreversibility of an execution and the fact that four Justices of the Court believe a stay is needed to consider the appeal warrant my intervention in this case. 

Therefore, I delay the execution of Christopher Emmett until October 17th, 2007. 

My thoughts and prayers are with the family and friends of the victim.

Statement released by Attorney General Bob McDonnell:

The Governor has the constitutional authority to take this action. Given the procedural posture of this case in the United States Supreme Court, and considering the interests of justice, I respect the Governor's exercise of this authority.