Arizona death-row inmate's attorneys seek new sentence

Posted: Updated:
Donald Beaty By Alicia Barron Donald Beaty By Alicia Barron

PHOENIX (AP) -- Attorneys for an Arizona inmate scheduled to be executed at the end of the month for the brutal rape and murder of a 13-year-old Tempe girl are hoping to get his death sentence overturned.

Fifty-six-year-old Donald Edward Beaty is set for execution May 25 at a state prison in Florence.

His attorneys argue in filings late Tuesday that Beaty's trial lawyer never presented evidence that Beaty endured severe physical and sexual abuse as a child or had brain damage.

They also argue that his post-conviction attorney never argued that the trial lawyer was ineffective and also failed to present evidence of the abuse.

Similar arguments won Daniel Wayne Cook, another Arizona death-row inmate, a stay of execution last month from the U.S. Supreme Court less than 24 hours before he was scheduled to die. His lawyers also argued that he had ineffective counsel during post-conviction proceedings.