ST. PETERSBURG, Fla. (AP) - Three motions have been filed by attorneys for Amos King seeking to delay or throw out the death sentence he received for killing an elderly central Florida woman.
King, 48, has been on death row for 25 years and is scheduled to die 6 p.m. Monday at the Florida State Prison near Starke.
One motion filed late Friday requests DNA tests that could prove King's innocence, defense attorney Peter Cannon said Saturday.
That motion asks for testing of a hair sample from a Caucasian and some fingernail scrapings which could pin the murder on someone other than King, who is black, Cannon said.
The other motions ask for a stay of execution and to vacate King's death sentence, Cannon said. The motions were filed late Friday in Pinellas-Pasco Circuit Court.
A hearing on the motions has not been scheduled but could take place later Saturday or Sunday, Cannon said. A message left at the court Saturday was not immediately returned.
On Wednesday, the U.S. Supreme Court, on a 5-4 vote, granted Florida's request to erase the stay granted a day before to King by the 11th U.S. Circuit Court of Appeals in Atlanta.
King's reprieve involved his claim that a lawyer must be appointed to represent him in a clemency petition to the state.
Separately, King has asked the Supreme Court if Florida's death sentencing law is invalid because it is similar to an Arizona law the court found unconstitutional earlier this year. The law was struck down because it allowed a judge, not a jury, to decide facts used to warrant a death sentence.
The stay granted Tuesday by the Atlanta court was the third reprieve King has received this year - and Wednesday's order by the nation's highest court was the third time a reprieve has been overturned.
The state also plans to execute a second man this week. Linroy Bottoson is scheduled to be executed Friday for the murder of another elderly woman in central Florida 23 years ago.
The state planned to execute King and Bottoson 11 months ago, but the men had been issued reprieves as both the U.S. and Florida high courts considered challenges to Arizona's capital punishment law and its relation to Florida law.
Florida juries recommend whether convicted killers are sentenced to life in prison or death, but judges have the final say.
King was condemned for murdering Natalie Brady, 68, in her Tarpon Springs home in 1977 and setting the place ablaze after slipping away from a work-release prison. He was caught, in bloody clothing, trying to slip back in.
Bottoson, 63, was convicted of killing Catherine Alexander, the Eatonville postmistress, in 1979. He robbed the 74-year-old woman, held her captive for 83 hours, stabbed her 16 times and finally killed her by running over her several times with a car.
King's jury voted unanimously to recommend that he be executed; Bottoson's jury voted 10-2 in favor of death.
AP-ES-11-30-02 1627EST