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Attorneys seek new trial for convicted killer



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WEST JORDAN, Utah (AP) -- Defense attorneys are seeking a new trial for a man convicted of murder and sexual assault after learning that a juror failed to tell the court she had been the victim of a rape.

A judge questioned Juror 25 in 3rd District Court Friday. The woman says she did not mean to mislead anyone or hide the assault, which occurred when she was 15. She says the incident was not reported to police and she does not consider herself a victim.

The incident was disclosed during jury deliberations in the July 2008 trial of Parley Jeffs Dutson.

Duston was convicted of two first-degree felonies for the April 2007 death of his girlfriend.

Defense attorneys say the omission amounts to misconduct and Dutson should get a new trial.

Another hearing on the issue is scheduled for May 4.

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Information from: The Salt Lake Tribune

(Copyright 2009 by The Associated Press. All Rights Reserved.)

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