Donald Fell was convicted in federal court of kidnapping Teresca King in Rutland in 2000 and killing her in New York state. He was sentenced to death, but his conviction was overturned due to juror misconduct.
As Fell awaits a new trial, his attorneys are working to avoid the possibility of him facing the death penalty again with unique arguments against , including one invoking the 10th Amendment to the Constitution.
In May, the that a federal ban on sports betting was . The argument relied on the language in the 10th Amendment, which states any powers not clearly given to the federal government are reserved for the states, or to individual citizens.
Court watchers wondered if other cases would now be looked at through the lens of states' rights. criminal justice reporter reports that Fell's lawyers the federal death penalty statute by claiming it violated the 10th Amendment.
Fell's lawyers had previously questioned the constitutionality of the death penalty .
Keays joined Vermont Edition to explain the many twists and turns of Fell's case and where it stands today.
Broadcast on Thursday, Aug. 23, 2018 at noon; rebroadcast at 7 p.m.
