WRCBtv.com | Chattanooga News, Weather & SportsGary's attorneys seek delay in scheduled execution
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Associated Press - December 8, 2009 6:54 PM ET
COLUMBUS, Ga. (AP) - Attorneys for convicted stocking strangler Carlton Gary have sought to stop his execution scheduled for next week so evidence from 4 of 7 brutal rapes and slayings of elderly Columbus women in the late 1970s can be DNA tested.
The motion filed Monday in Muscogee County Superior Court claims that evidence prosecutors claimed was destroyed years ago still exists. The motion says the evidence was found Dec. 4 at the Columbus Police Department when attorneys used an open records request to seek the items.
No evidence in the strangling deaths has been subjected to DNA testing. DNA testing was not available when Gary was convicted in 1986.
Gary is scheduled to be executed at 7 p.m. Dec. 16 at the Georgia Diagnostic and Classification Prison in Jackson.
Information from: Columbus Ledger-Enquirer, http://www.ledger-enquirer.com
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