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Federal prosecutors to appeal new trial order in Vermont death penalty case

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MONTPELIER, Vermont — Federal prosecutors are going to appeal a judge's decision granting a new trial to a man on death row for the 2000 murder of a Vermont woman.

Prosecutors filed a notice of appeal Monday in Burlington in the case of Donald Fell. The 34-year-old Fell is on death row in Terre Haute, Indiana, for the killing of 53-year-old Terry King of North Clarendon, who had been kidnapped from outside a parking lot.

In July, U.S. District Court Judge William Sessions III ordered a new trial for Fell because a juror violated Sessions' orders and visited the crime scene on his own and discussed the case outside of court.

Vermont does not have a death penalty, but Fell was convicted and sentenced to death in 2005 under federal law.

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