By Associated Press - Tuesday, December 30, 2014

FAIRMONT, W.Va. (AP) - A Marion County convicted of killing a woman in 2005 has lost his bid for a new trial.

Circuit Court Judge Michael Aloi rejected the defense’s argument that the jury was prejudiced by an incident on the night before Dayton Scott Lister’s trial ended.

A petition filed by Lister says one of the jurors was threatened by an unknown person. The petition says the juror told the other jurors about the incident.

Aloi’s order says he found no clear and convincing evidence that the jury relinquished its oath to be fair and impartial.

The Times West Virginian ( ) reports that Aloi filed the order last week.

Lister was convicted of first-degree murder in the death of Fairmont State University freshman Krystal Lee Peterson.


Information from: Times West Virginian,

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