The Alabama Supreme Court has set an execution date for Tommy Arthur [1] on July 31, 2008. If the execution goes forward, it will be the first in Alabama using a new execution protocol adopted last fall.
In an appeal to the Eleventh Circuit Court of Appeals, Mr. Arthur is arguing that the court should delay his execution to give him an opportunity to challenge the constitutionality of the new lethal injection protocol.
Arthur also has asked Alabama Governor Bob Riley to issue a stay and order DNA testing of evidence that would prove his innocence. The Innocence Project has initiated an e-mail campaign to pressure the governor, who rejected previous requests for testing. The Birmingham News reported yesterday that the governor's spokesperson said he had no plans to take action on Arthur's behalf.