- Associated Press - Friday, May 10, 2019

RENO, Nev. (AP) - The Latest on the resentencing hearing for a Nevada murderer who has been on death row for 34 years (all times local):

12:50 p.m.

Lawyers for a murderer who has been on Nevada’s death row for 34 years are asking a jury in Reno to spare his life and order him to spend the rest of his years in prison after a federal appeals court overturned his original death sentence.

The 9th Circuit Court of Appeals upheld 67-year-old Tracy Petrocelli’s conviction two years ago in the 1982 killing of a Reno car salesman, months after Petrocelli killed his girlfriend in Seattle.

But it ordered a new sentencing hearing after finding his rights were violated during the penalty phase of his original trial.



Public defender Jaclyn Millsap told the jury Petrocelli they won’t ask for a chance at parole. But she says Petrocelli is an older, frailer man now who has behaved himself in prison and doesn’t deserve to be executed.

The hearing that resumed Friday is expected to last three weeks.

___

7:30 a.m.

Prosecutors are trying to persuade a jury to reorder the execution of a convicted murderer who’s been on Nevada’s death row for 34 years but won a new sentencing hearing when a federal appeals court ruled his rights were violated his original trial’s penalty phase.

The 9th Circuit Court of Appeals upheld 67-year-old Tracy Petrocelli’s conviction two years ago in the 1982 killing of a Reno car salesman, months after Petrocelli killed his girlfriend in Seattle.

But the court ruled Petrocelli should have been read his Miranda rights when he thought he was speaking confidentially to a psychiatrist who later testified for the prosecution.

It said the jury that sentenced him to death may have been unjustly influenced by testimony that Petrocelli was a dangerous, incurable psychopath.

The resentencing hearing continues Friday in Reno.

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