Montgomery, AL – Defense attorneys for David Larry Nelson say they probably will file papers with the 11th U-S Circuit Court of Appeals today. Yesterday, U-S District Judge Myron Thompson rejected their request to stop tomorrow's execution. They argued it would be cruel and unusual punishment to execute Nelson by lethal injection. His lawyers said Nelson's veins are collapsed and it would require a painful medical procedure to carry out the execution. But the judge refused the request, saying Nelson waited too long to raise that issue. Nelson is scheduled to die at six o'clock tomorrow night at Holman Prison in Atmore. Nelson was convicted of a 1978 murder in Jefferson County.