Vermont Killer Sent To Death Row

A federal jury Thursday ruled that a man should be put to death for kidnapping and killing a supermarket worker in the state's first capital punishment trial in nearly a half-century.

Jurors reached their decision on Donald Fell, 25, after deliberating about 10 hours over two days.

Fell showed no emotion as a court clerk read aloud the jury's recommendation, but his lawyer then stood and said he had a statement from Fell for the jurors.

"He respects your decision. He appreciates your hard work and wants to tell you and the family of his sincere remorse. He did not want to do it at any other time publicly as it would be construed to be less genuine," the lawyer said.

Fell was convicted June 24 of kidnapping Terry King, 53, as she arrived for work at a Rutland supermarket, taking her into New York state and bludgeoning her to death as she prayed for her life.

"It's justice for my sister," Barbara Tuttle said after the verdict. "Everyone got to listen to what he did to her and this is his punishment."

Vermont does not have a state death penalty, and the last execution there was in 1954. But because the crime crossed a state line, U.S. prosecutors brought charges under a federal law that allows the death penalty for a carjacking that results in a death.

Fell agreed in 2001 to plead guilty in exchange for a sentence of life without parole, but that deal was rejected by then-U.S. Attorney General John Ashcroft, who insisted on the death penalty.

Under federal law the judge must impose the death sentence if that is what the jury recommends. Federal officials have said death would most likely be by lethal injection at a federal prison in Terre Haute, Ind.

Robert Lee, who allegedly carried out the kidnap-murder with Fell, died in prison in 2001. His death was ruled an accidental hanging.

King's abduction came as Fell and Lee were fleeing Rutland after they had killed Fell's mother and a friend of hers.

Fell's attorneys didn't contest his guilt. Rather, they argued the killing spree resulted from a lifetime of drugs and alcohol, and physical and sexual abuse by his parents and a baby sitter.

"Donny's life is a life worth saving," defense lawyer Gene Primomo said. "There is nothing we can do here to bring back Mrs. King."

Assistant U.S. Attorney Stephen Kelly said "the evidence, the law and justice" demanded a death sentence.

Another Vermont defendant was sentenced to death in 1957, but the sentence was later commuted.