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KFDM News learns Fifth Circuit denies Elroy Chester stay of execution
HUNTSVILLE - KFDM News has learned a three judge panel on the Fifth Circuit Court has denied convicted killer Elroy Chester's request for a stay of execution.
KFDM News will cover the scheduled execution in Huntsville.
The panel denied the stay at about 10:30 a.m. Wednesday, according to information provided to KFDM News by Monica Washington with the Fifth Circuit.
Chester is scheduled to die by injection after 6 p.m. Wednesday in Huntsville.
Chester faces execution for the 1998 shooting death of a Port Arthur firefighter. Willie Ryman III is one of five people Chester confessed to killing.
Attorneys for the 44-year-old Chester convinced a three-judge panel at the 5th U.S. Circuit Court of Appeals to move his case Tuesday to a new panel.
They argued that a judge who ruled earlier in his case, Edith Jones, showed her bias against Chester when she talked about his case at a law school. Chester's lawyers say during a lecture the judge delivered earlier this year she commented that African-Americans and Hispanics are predisposed to crime and defendants facing capital punishment who claim mental retardation disgust her.
Jones was in a 2-1 majority in 2011 that determined Chester wasn't mentally impaired and was therefore eligible for execution.
The new panel examined the motion for a stay and denied it Wednesday morning.