Condemned Mo. man denied stay of execution

Jan 28, 2014

Credit Flickr / steakpinball

A federal judge in Missouri has denied a motion to grant a 60-day stay of execution for convicted killer Herbert Smulls.

U.S. District Judge Beth Phillips in Kansas City ruled Monday on one of several pending efforts to spare the life of the 56-year-old St. Louis man.

Smulls is scheduled to receive a lethal injection at 12:01 a.m. Wednesday for the 1991 death of a St. Louis County jeweler.

Defense lawyer Cheryl Pilate called Monday's ruling a "denial of due process" and said she would go next to a federal appeals court.

The motion was one of several by Smulls' lawyers focusing on concerns about Missouri's execution drug. Another was filed Sunday.

Also Monday, a spokesman said Gov. Jay Nixon has not decided on a request for clemency for Smulls.