Pinellas County, Florida -- Oba Chandler's attorney is scheduled to ask a judge this afternoon to block the lethal injection of the 65-year-old who was convicted of murdering a mother and her two teenage daughters in 1989.
Chandler's attorney says he will argue the some of judge's findings during the penalty phase should have been made by a jury.
Governor Rick Scott signed Chandler's death warrant last week, scheduling the state to use lethal injection to put Chandler to death at 4pm on November 15th.
The bodies of 36-year-old Joan Rogers and her daughters, 17-year old Michelle and 14-year-old Christie were found in Tampa Bay near the Pier.
St. Pete Police detectives say Chandler invited the women, who were vacationing from Ohio for a sunset cruise. Once out on the water, police say Chandler stripped them of their clothes, tied their hands and feet and tied a cement block to their necks before throwing them overboard.
Read: Detectives: "Oba Chandler deserves to be executed
It took detectives nearly three years to finally track down the killer. It was a handwriting sample that they posted on billboards that led them to Chandler. A palm print on that handwriting sample confirmed they had their man.
Chandler will not attend the 1pm hearing, but will join in via a phone line from state prison.
10 News will have a crew there.
The Associated Press contributed to this report.