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VIRGINIA BEACH, Va. (AP) — A judge has ruled a sheriff's office cannot force-feed a hunger-striking Virginia man convicted of fatally poisoning his ex-girlfriend.
WAVY-TV reports Judge Steven Frucci issued the ruling Tuesday in the case of 30-year-old Joseph Merlino III.
Virginia Beach Sheriff Ken Stolle had asked that staff to be allowed to force-feed Merlino after he began refusing meals in mid-April. Court documents say Merlino had expressed fears someone was trying to poison him, though jail staff said his explanation kept changing.
Merlino's attorney argued Virginia law doesn't allow a judge to order the involuntary feeding of someone unless they're incapacitated.
Merlino was convicted Friday of first-degree murder in a February 2017 attack on 35-year-old Ellie Tran, who was injected with cyanide.
A jury recommended a life sentence. Sentencing is scheduled Sept. 26.
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Information from: WAVY-TV, http://www.wavy.com/
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