- Associated Press - Tuesday, December 13, 2016

BURLINGTON, Vt. (AP) - A federal judge in Vermont has upheld the constitutionality of the death penalty in the case of a man charged with killing a woman in 2000.

Attorneys for Donald Fell argued that the death penalty violates the Eighth Amendment to the U.S. Constitution that prohibits cruel and unusual punishment.

The Burlington Free Press reports (https://bfpne.ws/2gxDKtG) U.S. District Judge Geoffrey Crawford said Tuesday a federal trial judge is “without authority” to rewrite the law so as to overrule the majority position at the Supreme Court.

A second trial is upcoming against the 36-year-old Fell. He’s accused of abducting Terry King when she arrived for work at a supermarket and killing her.

Fell was convicted and sentenced to death in 2005. His conviction was overturned because of juror misconduct.

He’s pleaded not guilty.

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Information from: The Burlington Free Press, https://www.burlingtonfreepress.com

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