Alley asks state Supreme Court for stay of execution

MEMPHIS, Tenn. (AP) - Sedley Alley is asking the state Supreme Court to stop his execution scheduled for Wednesday and order DNA testing on evidence taken from the scene of the 1985 murder that sent him to death row.

Alley filed a petition for a stay of execution Monday, four days after the Tennessee Court of Criminal Appeals rejected his request for DNA testing.

He is scheduled for execution at 1 a.m. Wednesday. Alley was convicted in 1987 of kidnapping, sexually mutilating and murdering a 19-year-old woman as she jogged on a Navy base just north of Memphis.

He argued at trial and in appeals until two years ago that he was not responsible for the murder because of insanity. He began arguing in 2004 that someone else committed the crime.

"Least an innocent man be executed ... this court should order a brief stay, grant permission to appeal and order DNA testing," Alley's petition says.

The Court of Appeals, upholding a ruling by a Memphis judge, said Alley failed to show, as required by state law, that DNA testing would likely have prevented his conviction had it been available when he was taken to trial.

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