Attorneys for a Florida death row inmate have petitioned the U.S. Supreme Court to issue an emergency stay of execution, arguing that critical forensic evidence has not yet been tested. The request comes just days before Daniel Conahan Jr., 72, is scheduled to die by lethal injection on Thursday. His legal team contends that DNA testing could conclusively establish his innocence regarding a 1996 kidnapping and strangulation case.
The Case Against Conahan
Daniel Conahan was sentenced to death for the April 1996 killing of Richard Montgomery. According to authorities, Montgomery was found nude in a wooded area within Charlotte County, Florida. The location was described as a dumping ground filled with trash. Investigators stated that Conahan killed Montgomery after paying him to pose for nude photographs.
Authorities also suspect Conahan is involved in similar homicides committed during the 1990s in southwest Florida. Despite these suspicions and his eventual conviction, Conahan has consistently denied involvement in Montgomery’s murder. The defense argues that biological evidence collected at the scene and from the victim's body remains untested.
Legal Battle for DNA Testing
The petition highlights a timeline of legal motions filed by the defense. According to the filing, Conahan has been requesting DNA testing since March 2025. The goal is to use modern forensic techniques on evidence collected at the crime scene and from Montgomery’s body.
Gov. Ron DeSantis signed Conahan's death warrant on August 11 while the motion for DNA testing was still pending. Within 24 hours of the warrant being signed, a state postconviction court denied the defense's motion to test the evidence. The attorneys argue that this denial occurred too close to the scheduled execution date, more context in DeSantis Signs Death Warrant for Orlando’s 'Hog Trail Killer' as Executions Cont.
Requesting Judicial Review
In their filing with the Supreme Court, Conahan’s lawyers emphasized that they are not asking for a declaration of innocence or immediate release from prison at this stage. Instead, they seek only enough time for the high court to review what they describe as "meritorious claims" regarding the DNA evidence.
"Mr. Conahan does not ask to be declared innocent at this posture," the filing states. "Nor does he ask to be released from prison. All he asks is for this Court to stay his imminent execution so that this Court can review his meritorious claims."
This case adds to a significant number of executions carried out in Florida recently. The state has executed 14 people this year, marking a notable period in the application of capital punishment within the jurisdiction.
