HUNTSVILLE, Texas (AP) — A federal judge in San Antonio has at least temporarily stopped the execution of a rapist who was on parole when prosecutors say he killed a neighbor and stole the man’s motorcycle.
U.S. District Judge Fred Biery granted a reprieve Wednesday afternoon to 55-year-old Anthony Bartee after his lawyers filed a civil rights lawsuit against Bexar County District Attorney Susan Reed. Bartee was scheduled for lethal injection later in the day.
His lawyers want additional items from the crime scene to undergo DNA testing.
The prosecutor’s office immediately appealed the court order to the 5th U.S. Circuit Court of Appeals.
Within 30 minutes of Biery’s order, the U.S. Supreme Court rejected Bartee’s other appeals. The court didn’t comment.
Printed on Thursday, May 3, 2012 as: Federal judge stops man's execution at least temporarily