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Court denies appeal by Idaho death row inmate

| March 13, 2012 10:48 AM

BOISE (AP) — A federal appeals court panel has denied the latest request by an Idaho death row inmate to have his conviction and sentence overturned.

The 9th U.S. Circuit Court of Appeals ruled last week in the ongoing case of Gerald Pizzuto Jr.

Pizzuto was convicted for beating to death Marsing resident Berta Herndon, 58, and her nephew, Del Dean Herndon, at a cabin outside of McCall in 1986.

Attorneys for Pizzuto are still appealing his convictions on several fronts, including in U.S. District Court in Boise that his conviction and sentence should be dismissed because his low IQ disqualifies him from the death penalty.

Last week, the appeals court determined that Pizzuto has failed to produce any new evidence that could throw his role in the murders in doubt.


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