David Leonard Wood files last minute appeal ahead of scheduled execution March 13

EL PASO, Texas (KVIA) -- The attorney for a man convicted of six murders in El Paso decades ago has filed a last-minute appeal to stop his execution scheduled for just next week. 

Greg Wiercioch has been representing David Leonard Wood for about 16 years, taking on his case after the 1992 conviction and death sentence. He told ABC-7 that the filings made in state and federal appeals courts at the end of last month are asking for a stay of execution to allow for DNA testing of more than a hundred pieces of evidence that never had it done, among other issues.

Wood was convicted of capital murder and sentenced for the murder of six girls and women whose bodies were found in remote areas of the desert surrounding El Paso around 1987. The circumstances of the case led to him being known as "The Desert Serial Killer." Woods has maintained his innocence throughout, and Wiercioch says that these most recent filings are based on evidence of suppression of evidence and the opposition of DNA testing for for years. 

"The fact that they opposed us certainly raises an interesting question, which is what are they afraid of?" Wierchioch said. "If they are convinced that David Wood is the Desert Serial Killer, then let's test. Let's use the DNA testing that we have, the most powerful crime fighting tool at our disposal, and let's use it."

Wood was previously scheduled for execution in 2009, but that was pushed back for an appeal claiming he had an intellectual disability. Wiercioch has also previously filed appeals for and been denied additional DNA testing of evidence from more than 37 years ago. He also says that evidence not included in the original trial casts doubt on the official account of events, including that Wood was under police surveillance during the time when some of the crimes were committed.

"And it just so happens that it was that week when two victims disappeared," Wiercioch said, "and the memos from this tactical unit that was surveilling David would make no mention of him having any interaction with either of these two victims. That information was suppressed or hidden by the police and the state."

The filings made to state and federal courts are based on factors of suppression of evidence, ineffective previous counsel, introduction of false evidence, and evidence of innocence. Weircioch says he's met with counsel for the governor asking for the stay of execution since the 3 pieces of crime-scene evidence items tested for DNA so far showed that Wood's DNA wasn't present on them.

"Once you have a test that is excluding your client, then of course you should get additional testing," Wiercioch said. "And the attorney general's job and the state's job as a prosecutor is not to see that someone's conviction is upheld, but is to seek justice. And in this case, justice requires further testing."

The state court of criminal appeals did rule against Wood and Wiercioch as recently as last year on getting additional DNA testing. The Texas Code of Criminal Procedure says that such testing can happen as long as it is "not made to unreasonably delay the execution of sentence or administration of justice." Judges ultimately decided that delay was the case here.

While unwilling to give odds of success, Wiercioch said he hopes this appeal will be granted by the end of the week or as soon as possible before the execution date next Thursday.