Arthur's legal team has at least one more move

After 25 years, three trials, numerous appeals and dozens of motions, most assumed that a U.S. Supreme Court decision last week meant there was nowhere else to turn for convicted murderer Tommy Arthur in his attempt to save his life.

But his legal team has at least one more move.

New York attorney Suhana Han has filed a civil complaint in U.S. District Court on behalf of Arthur, the 65-year-old Sheffield man who has been convicted of capital murder for the 1982 murder-for-hire death of Troy Wicker.

The complaint, which was filed in the Middle District of Alabama, asks for physical evidence collected in the case to be made available for DNA testing.

"We're not asking for money, just access to evidence so it can be subjected to DNA testing," Han said. "This will allow us to show the state has the wrong man.

"Mr. Arthur has never had an opportunity to present evidence to prove his innocence."

Han said the defense team will pay for all expenses related to DNA testing.

"If the state is so sure they have the right person that they are willing to put him to death, I don't understand their reluctance," she said.

Han said nothing or no one has linked Arthur to the crime scene in Muscle Shoals where Wicker and his wife, Judy Wicker, lived. She added that DNA testing will prove her client was not involved.

She said Judy Wicker's testimony was the main reason Arthur was convicted.

Wicker was convicted of murder in connection with the case and sentenced to life in prison.

Han said Wicker's testimony changed from her own trial, and decided to say Arthur was involved as part of an agreement to limit her stay in prison to 10 years. She originally testified that a man entered their house, beat her, robbed the house and killed her husband.

Alabama Attorney General Troy King views the latest action as another ploy to prolong justice in the case.

"No one should be allowed to manipulate the system and prolong the agony for the victims," King said. "The attorneys don't file things timely and seek to delay justice prevailing at the last minute. Everyone prepares for justice to finally be delivered and then they come up with a new delay tactic.

"There is never any closure for a victim, but there is a such thing as justice. That's what is being denied by these delay tactics."

Han said she is not attempting to delay proceedings by filing the complaint.

"I'm sure some would say 25 years is too long, but from Mr. Arthur's perspective 25 years is a long time to be in prison for a crime he didn't do. He has maintained his innocence since day one."

In a petition to the Alabama Supreme Court to set an execution date for Arthur, King's staff anticipated the complaint being filed. They argued in the petition that even if Arthur were to file "last-minute action," the court should set an execution date. King's staff argued that the complaint "would be properly litigated -- and denied -- in federal court." They cited a case involving convicted murderer Larry Hutcherson to support their argument.

Han said if the complaint is turned down in Alabama, it would be appealed to the 11th Circuit Court of Appeals and ultimately to the U.S. Supreme Court.

The evidence Han seeks to have tested includes: