Fla. man facing execution appeals in federal court

Fla. man facing execution appeals in federal court

Associated Press - February 4, 2009 4:14 PM ET

TALLAHASSEE, Fla. (AP) - A Florida death row inmate scheduled for execution next week plans an appeal to the U.S. Supreme Court.

A status report filed Wednesday with the state Supreme Court also says Gov. Charlie Crist ordered DNA testing of the victim's bone fragments and other evidence before setting the execution of Wayne Tompkins for Feb. 11.

Tompkins was convicted of murdering 15-year-old Lisa DeCarr in 1983 in Tampa. He currently has an appeal before the 11th U.S. Circuit Court of Appeal in Atlanta. A request for more DNA testing is pending in state Circuit Court.

Tompkins had been scheduled to die in October but the execution was delayed by appeals. Crist set the new date Monday.