- Associated Press - Monday, September 22, 2014

FAIRMONT, W.Va. (AP) - A Marion County man convicted of killing a Fairmont State University student is seeking a new trial.

Media outlets report that Dayton Scott “Scooter” Lister asked Marion County Circuit Court Judge Michael Aloi on Friday to vacate his conviction and order a new trial.

A petition filed by Lister’s attorney says one of the jurors was threatened by an unknown person on the night before his trial ended. The petition says the juror told the other jurors about the incident, which prejudiced them.

The jury found Lister guilty of first-degree murder in April 2006. He was sentenced to life in prison without mercy.

Lister was charged with killing Fairmont State freshman Krystal Lee Peterson in August 2005.

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