Vermont federal death penalty retrial delayed again

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 so prosecutors can appeal a judge's decision to exclude from the trial's penalty phase the testimony of a man who participated in the crime, but died in prison.

Both defense attorneys and prosecutors agreed the testimony of Robert Lee could not be used in the guilt or innocence phase of the second death penalty trial of Donald Fell. Prosecutors, however, wanted to use it during the penalty phase of the trial when, if Fell is convicted, jurors would decide whether or not he should be executed for the killing of Terry King.

In a ruling last month, U.S. District Court Judge Geoffrey Crawford granted a request by the defense to exclude Lee's testimony from the potential penalty phase of the trial.

Prosecutors last week said they planned to appeal Crawford's ruling. At a hearing, Crawford agreed to delay Fell's trial until the appeal has been completed.

It's the latest legal twist in the case that began in November 2000 when Fell and Lee allegedly killed Fell's mother and her boyfriend in her Rutland apartment.

They were never charged in that case.

Authorities said they then kidnapped King, a 53year- old grandmother, as she arrived for work at a Rutland supermarket so they could steal her car and leave town.

She was later killed in New York.