Federal judge denies requests from James Byrd Jr.'s killer

John William King. John William King. Image 1 of / 12 Caption Close Federal judge denies requests from James Byrd Jr.'s killer 1 / 12 Back to Gallery

A federal judge has rejected John William King's latest attempt to reopen his case and delay his execution in the 1998 Jasper hate murder of James Byrd Jr.

U.S. District Court Judge Marcia A. Crone denied a request by John William King to allow new evidence into the court record in hopes of securing a new trial.

King, 41, argued that he was not at the crime scene. State courts have ruled that evidence he says supports his claims is without merit.

Crone agreed on Thursday, denying to conduct discovery and hold an evidentiary hearing.

In her order, Crone cited King's failure to show "cause and prejudice" or actual innocence.

The judge also denied a certificate of appealability, which would have given higher courts jurisdiction to hear the case.

King can still file with the Fifth Circuit Court of Appeals in New Orleans, but the higher court is not obligated to hear his claims.

Once all appeals are exhausted, it will be up to a Jasper County district judge to set King's execution date.

Two others convicted in Byrd's death have had their sentences carried out.

Lawrence Russell Brewer, 44, was executed by lethal injection in September 2011. Shawn Berry, 41, who authorities said drove the truck that dragged Byrd to death, is serving a life sentence.

BScott@BeaumontEnterprise.com

Twitter.com/BrandonKScott