Appeals court grants stay of execution for federal prisoner

(Indianapolis-AP) -- A federal appeals court today granted a stay of execution for a former Oklahoman convicted of killing his prison cellmate.<br/><br/>David Paul Hammer is scheduled to die by injection

Friday, June 4th 2004, 5:32 am

By: News On 6

(Indianapolis-AP) -- A federal appeals court today granted a stay of execution for a former Oklahoman convicted of killing his prison cellmate.

David Paul Hammer is scheduled to die by injection Tuesday at the federal penitentiary in Terre Haute, Indiana.

He told a federal judge in January that he didn't want to pursue appeals of his death sentence, but he has since changed his mind.

Hammer was sentenced to death for killing cellmate Andrew Marti at a Pennsylvania prison.

Oklahoma City bombing conspirator Terry Nichols' attorneys wanted to call Hammer as a witness because he claimed bomber Tim McVeigh told him the names of others involved in the plot while they both at the Indiana prison.

But the judge in Nichols' trial restricted defense testimony regarding conspiracy allegations.