DAYTON — A man who says he committed the crime that led to the death penalty for another man gave two affidavits not previously disclosed, a federal magistrate was told Wednesday.

        Lawyers for the condemned man did not reveal the contents of the documents and said one of the affidavits had not been found.

        Lawrence Greger, who is representing Ohio Public Defender David Bodiker, made the disclosure during a hearing on the innocence claim of John W. Byrd Jr.

        Mr. Byrd, 37, faces electrocution in the slaying of a Greater Cincinnati convenience store clerk in 1983. A federal appeals court postponed his execution in September to allow for an investigation of his claims.

        John Brewer, who was with Mr. Byrd at the store, confessed to the slaying in affidavits in 1989 and in January. Mr. Byrd's attorneys didn't disclose the 1989 document until this year.

        Prosecutors were disturbed that they had not been told earlier about the other two affidavits.

        “What other documents are there that they are also not turning over?” asked James Canepa. “It's to protect their client from unfavorable evidence.”

        Magistrate Michael Merz will recommend to 6th U.S. Circuit Court of Appeals whether Mr. Byrd's claim is legitimate. If he rules for Mr. Byrd and the panel agrees, the condemned man can ask the judges to overturn his death sentence.

        Earlier Wednesday, an inmate testified that he overheard two prisoners say they planned to gather information for prosecutors against Mr. Byrd.

        Oliver Duff III said he overheard Ronald Armstead and another inmate talking about Mr. Byrd.

        Mr. Bodiker has said the only evidence identifying Mr. Byrd as the killer came from Mr. Armstead, who said Mr. Byrd told him he stabbed the clerk, Monte Tewksbury.

        Mr. Tewksbury was a 40-year-old Procter & Gamble Co. employee who was moonlighting to pay for his daughter's education.

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