Convicted Killer's Attorneys Want Documents Sealed

Attorneys for a man convicted of gunning down an Oklahoma Highway Patrol trooper want a judge to seal the results of his competency test.

Saturday, August 9th 2008, 12:34 pm

By: News On 6


LAWTON, Okla. (AP) -- Attorneys for a man convicted of gunning down an Oklahoma Highway Patrol trooper want a judge to seal the results of his competency test.

Ricky Ray Malone was convicted and sentenced to death in 2005 for the December 26th, 2003, slaying of trooper Nikky Green on a rural Cotton County road.

The death verdict was later overturned, and the penalty phase of the case was remanded for resentencing. A competency evaluation sought by Malone's attorneys has been completed, but the results have not become a part of the public record.

Malone's attorneys yesterday filed a document arguing the results of the evaluation should be kept under seal to protect Malone's right to a fair and impartial resentencing trial.

They argue releasing the competency report may contaminate a prospective jury pool.

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