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Convicted Upper Merion killer remains on death row as attorneys debate jurisdiction
By timesherald.com- Dan Clark
Published: 06/26/2015

COURTHOUSE >> The man whose death sentence was overturned for the 2005 killing of Jennifer Pennington in Upper Merion will remain on death row, for now.

On Thursday Montgomery County Court of Common Pleas Judge Steven O’Neill ordered Harold Murray’s attorney, Michael Wiseman, and attorneys from the Pennsylvania Department of Corrections to file additional briefs to determine whether or not O’Neill has the jurisdiction or authority to take Murray, 37, off of death row while he waits for a new sentencing phase.

While those briefs are filed, Murray will stay on death row in State Correctional Institute Graterford.

In court, Wiseman argued that his client is living on death row without a death sentence, which violates his constitutional rights because he is unable to participate in group programs that could be used to show jurors that he would behave well as a prisoner in general population for the rest of his life. Wiseman said that could be used as mitigating evidence during the sentencing phase. Right now, Murray, is serving two life sentences ― one for the death of Shawne Mims and one for the killing of Pennington’s unborn child.

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