Judge refuses request to set aside death sentence

Kaplan testifies

Judge refuses request to set aside death sentence

A Broward County circuit judge refused a convicted killer's request to setaside his murder conviction and death sentence for a 1983 slaying.

John Richard Marek, 47, was convicted of the June 1983 kidnapping, rapingand strangling of Adella Marie Simmons.

Circuit Judge Jeffrey Levenson issued his ruling to the Florida SupremeCourt on Friday. He wrote that evidence presented during a hearing did not offset the overall evidence against Marek.

The Supreme Court now has the final say on Marek's fate.

Marek's attorney declined comment Monday because he hadn't seen thedecision.

Marek had been scheduled for lethal injection May 13, but the SupremeCourt postponed the execution and sent the case to Broward for a hearing.

(source: Associated Press)