The Missouri Supreme Court is scheduled to hear an appeal Wednesday from Richard D. Davis, an Independence man on death row for videotaped rape and torture of a woman in 2006.

The Missouri Supreme Court is scheduled to hear an appeal Wednesday from Richard D. Davis, an Independence man on death row for videotaped rape and torture of a woman in 2006.

Two years ago, a Jackson County jury convicted Davis to the death penalty after finding him guilty of the first-degree murder and kidnapping of Marsha Spicer at his Independence home. Davis and his girlfriend, Dena Riley, brutally raped and tortured Spicer for hours by violent forced sex acts.

Riley pleaded guilty to the murder and was sentenced to life without parole.

A camcorder captured the assault. The videotaped footage was prosecutor’s key evidence. They played portions of the video to jurors.

Davis’s argument to the Supreme Court will be that prosecutors used duplicative videotaped and photographic evidence during the trial.

The offenses shown in the video along with witness testimony about the video content were of “such a graphic and violent nature” that the “excessive display and presentation” can’t be considered harmless and therefore was prejudicial, according to his appeal that is posted on the Supreme Court’s Web site.

Davis also argues he was denied his right to defend himself. The judge misstated the law and compelled him to relinquish his right to self-representation, according to his appeal.

Davis, 45, is being held at Potosi Correctional Center.

His first-degree murder trial for the alleged killing of Michelle Huff-Ricci awaits in Clay County. Davis had filed motions in Clay County to represent himself.