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Fogleman ruled against O’Donnell in a request to remove the death penalty from the table, due to a precedent set by the Arkansas Supreme Court. Also denied was a motion to dismiss the capital murder charge. Prosecutors have alleged O’Donnell committed the murder for monetary gain. A request to visit a local physician for an examination was denied, but a doctor will be allowed to visit O’Donnell at the jail and determine if further evaluation is needed.
Other motions denied Friday were:
• A judicial review of all impact evidence prosecutors plan to introduce in the capital sentencing part of the proceeding;
• A motion to bar Special Prosecuting Attorney Robert Dittrich from violating improper action in the case. Fogleman denied the motion, but said he would not allow personal opinion or appeal to bias or prejudice to be used in the case.
Fogleman did not rule on a request by O’Donnell’s attorneys to prohibit photographic evidence of the crime scene and the autopsy. That motion will be considered in a hearing slated for Aug. 6-7.
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