Mr. Rutherford was convicted of the August 1985 murder of Stella Salamon, a 63-year-old widow who was beaten and then drowned in the bathtub of her home in Santa Rosa County. The jury voted 7-5 to recommend a death sentence and he was condemned. His execution has been scheduled for 6 p.m. Jan. 31. In his appeal, he challenges a ruling by a trial judge who refused to hear testimony from a new witness that implicates another person for the murder. He also argues that Floridaâ€(TM)s process of lethal inject is unnecessarily painful and violates the constitutional ban on cruel and unusual punishment. The state argues other evidence supports his conviction and that the stateâ€(TM)s lethal injection process is appropriate.