MONTPELIER, Vt. (AP) — The federal death penalty retrial of a man charged with killing a Rutland supermarket worker nearly 17 years ago is being delayed again.
The second death penalty trial of Donald Fell is being put on hold while prosecutors appeal a ruling on whether testimony of Fell’s now-deceased co-defendant could be used if jurors deliberate on whether he should be executed.
The now-37-year-old Fell was convicted in 2005 and sentenced to death for the 2000 killing of Terry King, who was abducted when she arrived for work at a Rutland supermarket and later killed in New York. Fell’s original conviction was overturned because of juror misconduct.
Fell’s retrial most recently had been scheduled to start in September after a February trial was delayed. No new trial date has been set.
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