Associated Press - December 10, 2009 7:44 AM ET

COLUMBUS, Ga. (AP) - A Muscogee County judge has ruled that convicted stocking strangler Carlton Gary is not entitled to a stay of execution to test DNA from the 1970's.

Gary had sought to test DNA evidence from 4 of 7 brutal rapes and slayings of elderly Columbus women in the late 1970's.

But Muscogee Superior Court Judge Robert Johnston on Wednesday sided with prosecutors.

Gary is set to be executed Dec. 16.

Gary's lawyer, Jack Martin, said he doesn't understand why prosecutors wouldn't want to ensure Gary is guilty before he's put to death. Martin said he will appeal to the Georgia Supreme Court if Johnston refuses to reconsider his ruling.

Gary has a hearing scheduled on Monday before the Georgia Board of Pardons and Parole.

Information from: Columbus Ledger-Enquirer, http://www.ledger-enquirer.com

Copyright 2009 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.