- Associated Press - Tuesday, December 23, 2014

RUTLAND, Vt. (AP) - Federal prosecutors have decided not to appeal a judge’s decision to throw out the conviction and death sentence of a Vermont man found guilty of abducting and killing a North Clarendon woman in 2000.

In a two-page filing on Tuesday, Assistant U.S. Attorney Bill Darrow wrote that his office would not pursue an appeal of the July 24 decision to vacate the conviction and sentence of Donald Fell, who is imprisoned in Terre Haute, Indiana. The filing in the 2nd U.S. Circuit Court of Appeals in New York said the solicitor general had decided against authorizing the appeal.

Vermont does not have a death penalty, but Fell was convicted and sentenced to death in 2005 under federal law for the kidnapping and death of Terry King, 53, who was abducted as she arrived for work at a Rutland supermarket. King was later killed in New York.

Fell’s co-defendant, Robert Lee, died in prison in 2001.

U.S. District Court Judge Williams Sessions granted Fell a new trial in July because one of the jurors in the trial visited the crime scene and discussed the case outside of court.

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Information from: Rutland Herald, http://www.rutlandherald.com/

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