A federal appeals court has ordered a federal judge in Muskogee to conduct a hearing on whether attorneys were ineffective when they represented an Oklahoma man convicted of federal charges and sentenced to death for killing a state trooper.
A three-judge panel of the 10th U.S. Circuit Court of Appeals in Denver ordered the hearing Wednesday for 54-year-old Kenneth Barrett of Vian.
Barrett received the federal death sentence in 2005 after he was found guilty of intentionally killing an Oklahoma Highway Patrol trooper.
Barrett was convicted in the September 24, 1999, slaying of Trooper David "Rocky" Eales during a drug raid at Barrett's home in Sequoyah County.
It marked the third time Barrett had been tried for Eales' death.
The OHP says Eales was a 20 year veteran and served as a trooper in Tulsa, Watonga, McAlester and on the Indian Nations Turnpike.
The Associated Press contributed to this report.