A judge in Missouri rejected on Thursday inmate Marcellus Williams’ attempt to overturn a murder conviction and death sentence on the basis of updated DNA evidence. Circuit Judge Bruce F. Hilton stated in his rejection of the bid that “none of this evidence is ‘new’ as it was available at trial.”

Williams’ legal team filed a motion to vacate his conviction and death sentence in January. The motion was filed to provide the court evidence that had not been available at trial. It included updated evidence from three experts concerning DNA found on the murder weapon. All three experts concluded the DNA was not from Williams. One expert stated, “DNA evidence now shows Mr. Williams did not likely wield the knife that was used.”

In rejecting the motion, Judge Hilton emphasized Missouri’s innocence analysis, the first step of which is determining “whether the new evidence is new in the sense that it was not available at trial.” He stated that the “new” DNA evidence was “consistent with the trial testimony,” citing testimony by an expert at the trial that the DNA could not conclusively be linked to Williams, and a crime scene report that stated that “the suspect wore gloves.”

Additionally, Judge Hilton rejected Williams’ claims of ineffective counsel, exclusion of evidence and racial prejudice. He stated the claims were “repackaged” arguments that had already been processed and rejected by previous courts.

Missouri’s Supreme Court upheld Williams’ conviction and death sentence in July. He must now apply to Missouri’s governor for executive clemency before his scheduled execution later this month.