(DALLAS) — Texas is set to execute its ninth prisoner this year Tuesday as death row inmate Cleve Foster, 48, fights for a last-minute stay from the United States Supreme Court.
Foster was convicted in 2002 of helping his roommate, Sheldon Ward, kill a Fort Worth, Texas, woman and hide her body in the woods. Ward, however, wrote a death-bed note before he died in jail saying that he acted alone, and Foster had nothing to do with the murder. Foster maintains his innocence.
Foster has been scheduled to die four times over the past year, but has received three stays of execution from the Texas Supreme Court and the U.S. Supreme Court. Tuesday, Foster is hoping the country’s high court will step in and give him one more stay.
If the court does not stay the execution, Foster will be killed by lethal injection at 7 p.m. EST.
Copyright 2012 ABC News Radio
Emanuella Grinberg, CNN
Tom Kludt and Jeremy Diamond, CNN
Chris Isidore, CNN Newswire