An attorney for a fugitive who had been on the lam since walking away from a prison farm in 1959 is fighting his extradition back to Ohio after a recent arrest in Florida.

Last week, 79-year-old Frank Freshwater waived his extradition, but attorney Bryan Savy is set to ask a judge Thursday to reconsider. Savy says in a motion that Freshwater was under stress and not fully aware of the implications when he signed papers before an initial court appearance. He also says Freshwater wasn't appointed a lawyer or advised of his right to one.

Freshwater was arrested in Brevard County about a week after sheriff's deputies used a ruse to get his fingerprints, which matched those from his decades-old arrest.

He originally pleaded guilty to manslaughter in 1957.