Death penalty case to be retried after 15 years, conviction overturned


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BURLINGTON, Vermont — Preparations for a new trial are getting underway for a Vermont man whose 2005 federal kidnapping and murder conviction and death sentence was overturned because of juror misconduct.

Donald Fell is expected to be in court in Burlington on April 10 for the pretrial conference.

Relatives of the Terri King, the 53-year-old North Clarendon woman who was abducted and later killed when she arrived for work at a Rutland supermarket, are planning to attend the hearing.

"I'm going to be sleepless that night," King's niece Lori Hibbard told the Burlington Free Press. ( "I hate it when he's there."

Fell and his co-defendant, Robert Lee, were originally charged with abducting King in November 2000 shortly after killing Fell's mother and a friend in her Rutland apartment, authorities said. No state charges were ever filed for their deaths. Lee hanged himself in prison in 2001.

Prosecutors had offered a potential plea deal, calling for Fell to plead guilty to the charges in exchange for a life sentence. But last month, it was removed as an option

Fell is now being held at the federal Brooklyn Metropolitan Detention Center in New York. He had been held on the federal death row in Indiana.

Information from: The Burlington Free Press,

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