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Valle Spared The Needle For At Least 2 Days

MIAMI (CBSMiami) - Once again, the courts have stepped in to extend the life of a man who has outlived for more than three decades a death sentence for killing a Coral Gable cop. This time, a court has delayed Tuesday's planned execution of Manuel Valle over a clemency hearing he claims he was denied.

The 11th Circuit Court of Appeals ruled Friday that Valle's death sentence, set to be carried out in Starke at 6 p.m. next Tuesday, will be delayed until at least 7 p.m. Thursday, so it can consider a claim by Valle that he was improperly denied a clemency hearing.

Valle was convicted of murder after a jury found that he killed Coral Gables police officer Louis Pena during a routine traffic stop in 1978. Various appeals and delays have kept him on Death Row until earlier this year, when Gov. Rick Scott announced he would carry out the death warrant, making Valle the first person executed during his term.

Valle was originally set to die August 2nd, but his attorneys successfully raised a challenge regarding a new drug the state intends to use as part of the lethal injection Valle will receive.

Valle claimed the drug pentobarbital was unproven, and could possibly cause him pain during execution. The state investigated, held hearings, and ultimately convinced the Florida Supreme Court to approve the use of the drug.

The new execution date was set for September 6th, until the Court of Appeals acted.

Attorneys for Valle and Florida Attorney General Pam Bondi have been ordered to submit written arguments for the court to consider. Valle's attorneys have also files other appears in an attempt to keep Valle from facing lethal injection, asking for intervention both in Federal Court and before the US Supreme Court. Those actions are independent of the Appeals Court case.

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