MOBILE, Ala. (AP) - Attorneys for 44-year-old Willie McNair have
asked the Alabama Supreme Court to block his lethal injection, which is set for Thursday for his conviction in the 1990 robbery and murder of 68-year-old Ella Foy Riley.
In a bid for a stay of execution filed Friday, McNair's attorneys say the jury's recommended penalty of life in prison without parole for McNair should not have been overruled by the state court judge.
Under Alabama law, a judge in a capital murder case is not bound by a jury's recommended penalty.
Prosecutors contend McNair has exhausted his appeals.
He's scheduled for execution at Holman Prison for killing the Abbeville woman in her home and stealing her purse when she refused to loan him $20.