NASHVILLE, Tenn. (AP) - The state Board of Probation and Parole recommended Monday that the execution of a condemned killer be delayed.
The board voted 4-to-3 to recommend to Governor Bredesen that a temporary reprieve be granted for Sedley Alley.
The board asked that he be allowed access to the evidence to get DNA testing.
Alley was convicted of the 1985 rape and murder of 19-year-old Marine Lance Corporal Suzanne Collins at the Millington Naval Air Station outside of Memphis.
He is scheduled to be executed early Wednesday morning in Nashville.
Earlier Monday, the Sixth U-S Circuit Court of Appeals in Cincinnati refused to order the DNA tests on evidence from the crime scene.
Defense attorneys told the board that they have only recently learned Collins' boyfriend may have been at the scene although he told police he hadn't seen her that day.
Investigators have said Alley confessed to the crime years ago, but he now claims it was forced.
There also was blood evidence against him.