Thomas Whisenhant remains on death row

MOBILE, Ala. (WALA) - A Mobile County family is waiting for word that could bring some relief in a 1976 murder case. The man convicted of the murder,Thomas Whisenhant, is still on death row.

Whisenhant turned 63-years-old in January. He has spent more than half his life on Alabama's death row. Whisenhant was first convicted in 1977 of the murder and mutilation of convenience store clerk Cheryl Payton.

Last November, Alabama Attorney General Troy King filed a motion asking the State Supreme Court to finally set an execution date for Whisenhant. Tuesday was the deadline for Whisenhant's lawyers to challenge the motion.

Richard Cohen with the Southern Poverty Law Center is an attorney representing Whisenhant. Cohen said the defense will not challenge the motion. He would not comment on what he thinks will happen next.

It was raining the night Payton was abducted from a Compac Store in Tillman's Corner. Her body was found later in a wooded area.

A customer called police when he discovered the clerk was missing and the store was unlocked.

Quotes from the transcript of Whisenhant's first trial say Whisenhant confessed to the murder and two previous murders involving Compac employees.

Payton's family told FOX10 News over the phone the 23-year-old had turned in her two week notice because she was worried about her own safety, after learning about the earlier murders.

According to her family, she only had one more day on the job when she was killed.

Whisenhant's first conviction was overturned, because of comments by then District Attorney Charles Graddick.

Whisenhant was convicted again in 1981. Another issue involving his case came up in 1987.

The Payton family is hoping the next move will be a definite execution date.