Court sets June 28 execution date for Alley

NASHVILLE, Tenn. (AP) - The state Supreme Court set a June 28 execution date for inmate Sedley Alley, who came within hours of being put to death last month before getting a short reprieve to pursue DNA testing on evidence in his case.

It was the second setback for the condemned killer this week.

On Tuesday a judge refused to release evidence from the 1985 rape and murder of Suzanne M. Collins so Alley's defense team could pay for DNA testing.

Alley was scheduled to die by lethal injection May 17 until he got a 15-day reprieve to seek the testing.

On the day that reprieve expired, Shelby County Criminal Court Judge W. Otis Higgs rejected defense arguments that DNA testing, if performed at the time of the crime, might have changed the outcome of Alley's trial.

More appeals are expected, and the defense team likely will seek a stay of the new execution date set Friday by the court. Alley's attorneys didn't immediately return calls seeking comment.

(Copyright 2006 by The Associated Press. All Rights Reserved.)