A Topeka judge has stayed the execution of a soldier imprisoned in Kansas .
Judge Richard Rogers issued his order last week in the case of Ronald Gray. He was set to die December 10th for a series of rapes and murder in the 1980s.
Justice Department lawyers filed court papers asking Judge Rogers to reconsider his stay of the execution. Gray would be put to death at at an Army facility in Terre Haute, Indiana. He's currently being held at Fort Leavenworth.
It would be the Army's first execution since 1961.