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.