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January 06. 2006 6:59PM

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judge has rejected motions to set aside the conviction and death sentence of a convicted killer set to be executed Jan. 31, but his lawyer asked for a rehearing Friday.

Arthur D. Rutherford, 56, who killed a Santa Rosa County woman in 1985, is one of two Florida inmates under active death warrants, both for murders in the Panhandle.

The Florida Supreme Court is scheduled to hear oral arguments Wednesday in an appeal from Clarence Edward Hill, 47, of Mobile, Ala., who fatally shot a Pensacola police officer during a 1982 bank robbery. He is scheduled for execution Jan. 24.

The body of Rutherford's victim, Stella Salamon, was found submerged in a bathtub. She had been beaten and died of drowning or asphyxiation.

His lawyer, Linda McDermott, contends new evidence from a key witness could have resulted in a different verdict or a life sentence if it had been presented to his jury.

The Florida Supreme Court on Thursday rejected a separate appeal by Rutherford, who contended his rights had been violated because he was shackled during the penalty phase of his trial.


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