The Georgia Board of Pardons and Paroles is now in review of the defense's evidence after their presentation concluded around 12:30 p.m. Attorneys for Gary claim in their 30 page application their findings clear Gary as the Columbus Stocking Strangler.
Gary is slated to die by lethal injection at 7 p.m. on Thursday at the Georgia Diagnostic and Classification Prison in Jackson, Ga.
In August of 1986, Gary was convicted in Muscogee County of three counts of malice murder, three counts of rape and three counts of burglary and sentenced to death.
The west Georgia city of Columbus was terrified by a string of attacks on older women between September 1977 and April 1978.
The women were all found beaten, raped, and strangled with stockings.
Gary's lawyers say police arrested the wrong man and newly discovered evidence proves his innocence.
Gary's lawyers have argued physical evidence that exonerates him wasn't available at the time of trial, either because the necessary testing wasn't yet available or because the state didn't provide it.
Bodily fluid testing done on semen found on Thurmond's body and on stains on Scheible's sheets also likely exclude Gary, his lawyers argue.
Additionally, defense experts testified that evidence of a bite mark on one of the victims that was missing for years does not match Gary's teeth, and fingerprint evidence relied upon by the prosecution was problematic.
His "convictions and sentences have been exhaustively reviewed for the past 30 years in both state and federal court and found to be constitutionally sound", state lawyers wrote in a filing with the U.S. Supreme Court.
Gary was also accused of killing four other women who were strangled with their stockings in the late 1970s, but he was not charged in those killings.
A shoeprint found at one of the scenes was not disclosed to the defense until 20 years after his trial and would have cast doubt on his guilt because his size 13-and-a-half foot would not have fit in the size 10 shoe that made the print, the application said. "We're just saying you can't execute him". If executed, he will be the 48th inmate put to death by lethal injection.