Jackie Elliott, 42, who was born in Suffolk to American parents, was sentenced to death 16 years ago for the rape and murder of a 19-year-old mother in Austin, Texas.

Last night a court refused to hear fresh evidence which Elliott's lawyers believe will prove his innocence. Judge Chuck Campbell said the DNA evidence did not specifically relate to Elliott but came from other suspects in the case.

Elliott has always protested his innocence and says he was convicted only because of the testimony of police informers covering their own guilt. In the past few days, his legal team has unearthed 40 police reports, allegedly suppressed by the prosecution, that identify other key suspects.

His lawyers believe DNA testing could settle the issue. They said it was "unprecedented" for a state execution to take place before the courts had heard all the evidence.