BURLINGTON (AP) -- Federal prosecutors fighting for the execution of a former Rutland man on federal death row want to interview him and have him undergo a mental health evaluation.
The prosecutors are contesting the legal appeals filed by the attorneys for Donald Fell who are seeking to prevent his execution for his role in the 2000 abduction and killing of a Rutland supermarket worker.
The prosecutors want to ask Fell about the conduct of his trial attorneys, which are being called into question by the attorneys handling Fell’s appeals.
"Clearly Fell’s own conduct and statements necessarily informed counsel’s actions and the opinions of the defense’s experts. As such, the government requests that this court compel petitioner to submit to a deposition," prosecutors wrote in documents filed in federal court in Burlington.
Fell was found guilty in 2005 and sentenced to death for the killing of Terry King of North Clarendon, who was abducted when she arrived for work at a Rutland supermarket. She was later killed in New York state.
Fell’s attorneys have opposed allowing prosecutors to interview him.
Part of Fell’s appeal centers on what his attorneys say was misconduct by three members of the jury that sentenced him to death.
Fell is on death row at the federal penitentiary in Terre Haute, Ind.