COLUMBUS, GA (WTVM) - Carlton Gary, the convicted "Stocking Strangler," is seeking his own DNA expert.
He is asking for the state to pay for a DNA expert to consult with, and if necessary, testify about DNA issues in court.
The expert charges around $200 an hour.
An order came down on May 21st in federal court, denying a motion for funds for payment of a DNA expert.
Then on Monday, May 24th, Gary's attorney, John Martin, filed another motion to appoint an expert.
The day after, May 25th, United States District Court Judge Clay Land issued this order:
The respondent (Derrick Schofield, Warden of the Georgia Diagnostic and Classification Center) is ordered to file a response by June 4, 2010 to petitioner's (Gary) recently filed motion seeking funds for a DNA expert to be used in a state court proceeding. The Court is requiring this expedited response to minimize the delay in the state court proceedings and notes that if it determines that authorization of the funds is appropriate, the Court will have to obtain advance authorization from the Chief Judge of the Eleventh Circuit Court of Appeals because the amount sought exceeds the maximum allowed under 18 USC 3599 (g).
Derrick Schofield, the Warden of the Georgia Diagnostic and Classification Prison, where Gary is currently on death row, has until June 4th to respond to Gary's request.
Results of DNA testing from crime scene evidence are still pending.