A death row killer is trying to stop his execution by claiming the jury were biased against him because of his sexuality.
Attorneys representing Charles Rhines, 63, have filed two briefs in their last-ditch attempt to block his execution.
Rhines was sentenced to death for killing a man while robbing a doughnut shop in Rapid City, South Dakota, mid-west US in 1992.
But he believes he was targeted by an anti-gay bias as testimony showed some jury thought it would be better for him to die than to co-habit with another man.
One juror, Harry Keeney, told Rhines' legal team: "We also knew that he was a homosexual and thought that he shouldn't be able to spend life with men in prison.
"If he’s gay, we’d be sending him where he wants to go if we voted for LWOP," said another juror.
The attorneys filed a petition for a writ of wrongful imprisonment claim but the state of South Dakota says the anti-gay bias claims are speculative.
Shawn Nolan, Rhine's attorney told Argus leader: "Anti-gay prejudice should never have any role in sentencing a man to death. It is shocking that no court has ever considered the new evidence of some jurors’ anti-gay statements."
Rhines' second attempt was to ask the Supreme Court to halt his execution as he asked for a psychological and psychiatric health evaluation.
The petition filed with the court stated: "Although Mr Rhines has been previously evaluated by mental health experts, he has never received neuropsychological testing, nor an evaluation by a psychiatrist who had the benefit of a complete and thorough background investigation."
The expert pointed to evidence that Rhines showed symptoms seen in children that have Autism Spectrum Disorder.
He was said to have suffered traumatic experiences - being raped by four soldiers while he was in the Army.
Rhines also filed a request to delay his execution over fears the drug used int he lethal injection wouldn't act quickly enough.
But the judge denied Rhines' requests last week as he doubted his complaint was motivated by a desire to change the drug used to execute him.
Second Circuit Judge Jon Sogn wrote in a 23-page order: "Instead, the real purpose behind his claim is likely to seek a delay of his execution."
His exact date of execution will be announced 48 hours in advance but it has been scheduled for Monday.
