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New trial opposed for Oklahoman in white supremacist plot

November 27, 2018

FILE - In this Oct. 31 1997, file photo Danny Lee waits for his arraignment hearing for the 1996 murders of an Arkansas family in Russellville, Ark. Federal prosecutors say U.S. District Court in Little Rock does not have jurisdiction to consider the request for a new trial for Lee, an Oklahoma man sentenced to death for killing William Mueller, his wife Nancy Mueller and her 8-year-old daughter, Sarah Powell in a plot to set up a whites-only nation in the Pacific Northwest. (Dan Pierce /The Courier via AP, File)

LITTLE ROCK, Ark. (AP) — Federal prosecutors say U.S. District Court in Little Rock does not have jurisdiction to consider the request for a new trial by an Oklahoma man sentenced to death for killing an Arkansas family in a plot to set up a whites-only nation in the Pacific Northwest.

Monday’s filing in response to a motion by Danny Lee of Yukon, Oklahoma, says the federal court doesn’t have jurisdiction because an appeals court has not certified it as either containing new evidence or based on new law.

Lee’s motion says prosecutors illegally failed to tell defense attorneys that a witness who testified that Lee admitted to the murders also told investigators he believed Lee was lying.

Lee was convicted in the deaths of gun dealer William Mueller, his wife Nancy Mueller and her 8-year-old daughter, Sarah Powell, and stealing guns and cash.

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