Retrial set for Texan charged with 2 deaths

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Associated Press

Posted on February 6, 2014 at 1:03 PM

QUITMAN, Texas (AP) — An East Texas man whose capital murder conviction in the 2007 shooting deaths of his wife and stepson has been overturned faces retrial this summer.

The Tyler Morning Telegraph (http://bit.ly/1eXSaLA ) reported Wednesday that jury selection begins July 14 in Quitman (KWIT'-man) for Jason Payne.

Prosecutors in Wood County did not seek the death penalty so the 44-year-old Quitman man received an automatic life prison term without parole.

Payne in December 2007 reported finding the bodies of 35-year-old Nichole Payne and her 16-year-old son Austin Wages at the family's home near Quitman.

The Texas Court of Criminal Appeals last year reversed the conviction based on some testimony admitted during trial.

Wood County District Attorney Jim Wheeler on Thursday said prosecutors again are not seeking the death penalty. Wheeler declined further comment.

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Information from: Tyler Morning Telegraph, http://www.tylerpaper.com

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