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The family of an Ecuadorean businessman convicted of killing four people in Bartow, Florida in 1997 says their father deserves a new trial.

The family of Nelson Serrano stood outside the state’s Supreme Court Wednesday morning.  Serrano was convicted of shooting four people, but his son, Francisco, says his father shouldn’t be on death row.

“As of May 2014, due to extra efforts we were able to uncover evidences that were hidden by the prosecution. Evidence like DNA that excludes my father from the crime scene, evidences like eyewitness testimony,” he said.

But Chief Justice Jorge Labarga says the case represents a tough decision for the courts.

“Once there is a conviction, the family wants to bring in everyone in the world to testify what a nice man he is, on the other hand, you talk about a nice man who has been convicted of execution style killing four people,” he said.

Serrano’s sentences were already upheld on appeal, but his an attorney told justices that his appellate attorney didn’t do a good enough job and asked for a new trial.