HOLLIDAYSBURG, Pa. (AP) — A defense attorney is asking a judge to bar prosecutors from seeking the death penalty in a man's retrial in the murder of a woman whose body was found in a central Pennsylvania park a decade ago.
An appeals court ordered a new trial in Blair County for 41-year-old Paul Aaron Ross in the June 2004 murder of 26-year-old Tina Miller, whose body was found partially submerged and bound with duct tape at Canoe Creek State Park.
The (Altoona) Mirror (http://bit.ly/1mI4WqJ ) reports that defense attorney Thomas Dickey argues that jurors decided against a death sentence in the first trial, so it should be barred in the retrial.
But prosecutors argue that jurors merely were unable to agree on capital punishment, so it should remain an option in the retrial.
Information from: Altoona Mirror, http://www.altoonamirror.com