Appeal denied; Arthur a step closer to execution

A federal appeals court has denied a request that would have halted the scheduled execution of Thomas Douglas Arthur.

The three-judge panel of the 11th Circuit Court of Appeals in Atlanta issued the ruling late Wednesday.

The 66-year-old Arthur is scheduled to be put to death by lethal injection July 31 at Homan Prison for the 1982 contract killing of Muscle Shoals businessman Tory Wicker.

Arthur's attorneys claim DNA testing of evidence could clear Arthur, but state prosecutors have continued to argue that it would not change the outcome of his three trials.

The judges ruled in favor of state prosecutors who argued that Arthur was attempting to "re-litigate issues" that had been settled in 2007 by the appeals courts.

The appeals court ruled that Arthur's latest challenge to lethal injection was moot now that the U.S. Supreme Court has upheld that form of execution in a ruling concerning a Kentucky case.

The panel also refused to block the July 31 execution to allow DNA testing of evidence from Arthur's trial.

A separate stay request was pending Thursday before the Alabama Supreme Court.

Authur's daughter, Sherrie Arthur Stone, said Thursday that she is not giving up hope.

"There is the appeal in the Alabama Supreme Court, and after that, if we have to, there is the U.S. Supreme Court," Stone said. "I'm hoping the Alabama Supreme Court will stand up and do the right thing."

Arthur came within a day of execution in 2007 when the U.S. Supreme Court granted a stay Dec. 5, but later declined to hear the appeal.

Arthur has maintained his innocence.

He was tried three times for killing Wicker and was found guilty; however, the first two convictions were overturned because of

technicalities.

Stone said if all else fails, there's still Alabama Gov. Bob Riley.

"He has the power to stop it, and I know he's getting a lot of calls about this case," she said.

Riley has refused to order DNA testing in Arthur's case.

Judy Wicker initially told police a burglar had raped her and killed her husband, Troy Wicker, but later changed her story. She said she had sex with Arthur and paid him $10,000 to kill her husband.

Prosecutors alleged that Arthur, who was on work-release from Decatur at the time, shot Wicker in the eye while he was lying in his bed.

Judy Wicker was given a life sentence for her part in the crime and paroled after 10 years behind bars.

The Associated Press contributed to this story.

Tom Smith can be reached at 740-5757 or tom.smith@TimesDaily.com.