TALLAHASSEE (CBS4) – A man convicted of killing a Coral Gables police officer in 1978 is appealing to the U.S. Supreme Court to stay his Sept. 6 execution.

Lawyers for Manuel Valle filed papers Thursday with the high court arguing that his 33 years on death row amount to torture.

They contend that violates a constitutional ban on cruel and unusual punishment.

Valle was convicted of fatally shooting Gables officer Louis Pena during a traffic stop.

His attorneys blamed the state for delays that kept him on death row so long. That includes botching his first trial so a second was ordered.

They also argued Florida’s standards for issuing death warrants are arbitrary and that Valle never received a clemency hearing.

Valle’s warrant is the first signed by Gov. Rick Scott.

(TM and © Copyright 2011 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2010 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)


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