BURLINGTON, Vt. (AP) - The second death penalty trial of a man charged with killing a Rutland supermarket worker more than 16 years ago is being delayed until September, a court official says.
The federal trial of Donald Fell for the abduction and death of Terry King in 2000 was scheduled to begin Monday in U.S. District Court in Rutland, but U.S. District Judge Geoffrey Crawford decided after a hearing Thursday in Burlington to delay the trial, said Jeff Eaton, the clerk of the court. Eaton said Crawford’s written decision probably won’t be available until Friday.
Defense attorneys said in a court filing last week that they needed more time because some members of the defense team had been working on another death penalty case. They said the defense also has questions about the government’s case that they want resolved before the trial begins.
Fell’s attorneys declined comment in an email Thursday on the judge’s decision. Prosecutors also had no comment.
King’s daughter, Lori Hibbard, of Rutland, said she and other family members were disappointed by the delay.
“It’s disheartening. It’s disappointing. It seems like this is never going to end for us,” Hibbard said. “It’s unbelievable. We want some kind of closure.”
Fell, now 36, was convicted and sentenced to death in 2005, but his conviction was overturned because of juror misconduct. He has pleaded not guilty to several federal charges, including carjacking and kidnapping with death resulting.
In the past, he has offered to plead guilty in exchange for a sentence of life without parole, but prosecutors are determined to seek the death penalty.
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