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US Attorney: As appeal is withdrawn, plea deal is on table in Vermont death penalty case

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BURLINGTON, Vermont — A federal prosecutor says a plea deal is on the table in the case of a Vermont man who was granted a new trial after being sentenced to death for kidnap and murder.

Donald Fell was convicted under federal law in 2005 for the abduction and murder of 53-year-old Terry King of North Clarendon five years earlier. A judge granted him a new trial in July because of juror misconduct, and federal prosecutors said Tuesday they would not appeal that ruling.

Also Tuesday, U.S. Attorney Tristram Coffin told the Burlington Free Press (http://bfpne.ws/1B5d0oF) that under a proposed deal, Fell would plead guilty to kidnapping and murder in exchange for life in prison. He wouldn't say who proposed the deal or when.

Fell's co-defendant, Robert Lee, died in prison in 2001.

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