BRIGHTON, Colo. — A man convicted of killing a woman wants his death sentence thrown out because the jury allegedly invoked Bible passages including calling for punishment of "an eye for an eye."

None of the five jurors who testified at a hearing held on Robert Harlan's request yesterday could remember if there was a Bible in the deliberation room. Three other jurors were to testify today.

Harlan was convicted in 1995 of kidnapping, raping and murdering Rhonda Maloney, 25. A passer-by, Jacquie Creazzo, was shot and paralyzed by Harlan after she tried to help.

Defense attorney Kathleen Lord filed the motion asking that his death sentence be thrown out after interviewing five of the 12 jurors. She said at least two jurors had Bibles with them while they deliberated whether to sentence Harlan to life in prison or death. She said four jurors were leaning toward a life sentence but were persuaded by other jurors who quoted Scripture.

Lord contends that using religious works during deliberations is improper because they are not Colorado law.

Jurors have not denied that some people quoted from the Bible during deliberations. According to Lord, juror Lorri Salter said none of the passages suggested life in prison was an appropriate penalty for murder.

Salter testified yesterday that she told a defense investigator what the investigator wanted to hear to get the woman to stop bothering her. She also said she did not remember if there was a Bible in the deliberation room.

Ridawn Cummings, who was 19 when she sat on the jury, testified that she read the Bible for support and "general consolation" during the trial. She said she usually reads the Bible each day and made no note of what she read during Harlan's sentencing.

"It was my business what I did with my Bible," she said.

Outside the courtroom, Adams County District Attorney Bob Grant said quoting Scripture from one's own experience should be allowed.

"The Bible is part of people's lives," said Grant, who prosecuted the case in 1995. However, he said taking a Bible into court could have legal implications.