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FILE - In this Aug. 13, 2015 file photo, Lewis Fogle, left, is escorted to the back door of the Indiana County Courthouse by Deputy Dave Angelo in Indiana, Pa. The Indiana County district attorney is scheduled to announce on Monday, Sept. 14, 2015 whether he'll retry Fogle for second-degree murder in the rape and shooting death of a 15-year-old girl in 1976. Fogle, who spent 34 years in prison for the crime, had a judge vacate his murder conviction, citing new DNA evidence. (Tom Peel/The Indiana Gazette via AP, File)

FILE - In this Aug. 13, 2015 file photo, Lewis Fogle, left, is escorted to the back door of the Indiana County Courthouse by Deputy Dave Angelo in Indiana, Pa. The Indiana County district attorney is scheduled to announce on Monday, Sept. 14, 2015 whether he'll retry Fogle for second-degree murder in the rape and shooting death of a 15-year-old girl in 1976. Fogle, who spent 34 years in prison for the crime, had a judge vacate his murder conviction, citing new DNA evidence. (Tom Peel/The Indiana Gazette via AP, File)

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