WXTV, 5/20/8

Only the U.S. Supreme Court can stop Earl Wesley Berry’s scheduled execution now.

The 5th U.S. Circuit Court of Appeals in New Orleans yesterday (Monday) refused to stop Berry’s execution, now set for 6 p.m. tomorrow (Wednesday) at the state penitentiary at Parchman.

Also, Gov. Haley Barbour’s office, as expected, says Barbour will not grant clemency to the convicted murderer.

The 5th Circuit rejected Berry’s request to argue that he is mentally retarded. The court said Berry already had raised that issue in a federal appeal.