CVS Clerk Killer Looks To Have Charges Dropped

BOSTON (CBS) -- Two days after Valentine's Day in 2004, Daniel Rogers stole 11 tubes of toothpaste from a CVS in Boston's Longwood area.

A manager chased him out of the store and Rogers stabbed him.

Store clerk Christian Giambrone ran out to help. Rogers stabbed him in the neck and killed him.

On Friday, an attorney for Rogers will ask members of the state Supreme Court to throw out Rogers' murder conviction. The reasoning behind the request will be heard in court later today.

During Rogers' trial, his attorney argued that his client, a drug addict, was attacked by the CVS employees coming after him.

Listen to WBZ News Radio's Carl Stevens' report.