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Suspect in elderly woman's killing appears in court

Updated: Wednesday, September 25 2013, 11:41 AM EDT

Man accused of killing woman asks judge to dismiss possibility of death penalty

By: NEWS9 and Crissy Clutter

BELMONT COUNTY, Ohio --


One of the two men accused of raping and killing a 92-year-old Bellaire woman is asking that the possibility of the death penalty be removed from his case.

Brandon Michael Phelps went before Judge Frank Fregiato on Wednesday morning for a status conference.

His defense is claiming that the death penalty should be taken off the table because they say it's unconstitutional.

Phelps and Devin Wayne Fuller are charged with four counts of aggravated murder committed in the course of rape, aggravated burglary and trespassing.

Lydia Ashworth was killed in June 2012 at her home on Fourth Avenue in West Bellaire.

Stay with NEWS9 and WTOV9.com for continuing coverage.

Suspect in elderly woman's killing appears in court


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