A federal judge has ruled that prosecutors can appeal his order to toss out the death penalty sentence against a man convicted of killing three people in Massachusetts and New Hampshire during a 2001 crime spree.
On Thursday, Chief U.S. District Court Judge Mark Wolf granted a request from prosecutors to appeal his October ruling. In that ruling he found that Gary Sampson was denied his constitutional right have his sentence decided by an impartial jury and was entitled to a new hearing on the sentence. Wolf entered a formal order vacating the death sentence Thursday.
Wolf said prosecutors could appeal his ruling to the 1st U.S. Circuit Court of Appeals. He rejected arguments by Sampson's lawyers that prosecutors could not appeal until the second sentencing hearing was completed.