A federal judge has refused to stop Thursday's scheduled execution of David Larry Nelson.
Nelson was sentenced to die for a slaying during a New Year's Eve and New Year's Day crime spree 25 years ago.
The 58-year-old Nelson is scheduled to die at 6 p.m. Thursday at Holman Prison in Atmore by lethal injection.
Nelson's attorneys had asked U.S. District Judge Myron Thompson to stop the execution. The attorneys argued it would be cruel and unusual punishment to execute Nelson by lethal injection. The attorneys say in their court brief that Nelson's veins are collapsed and that a "painful" medical procedure will be necessary to give him the lethal injection.
Thompson turned down the request, saying Nelson waited too long to raise the cruel and unusual punishment issue.
An attorney for Nelson, Joe Morgan the third of Birmingham, says an appeal will likely be filed Thursday with the 11th U.S. Circuit Court of Appeals.