Man to face death penalty for 3rd time

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WICHITA, Kan. (AP) -- A man convicted of killing a Goddard couple will face the possibility of being sentenced to death for the third time.

Sedgwick County District Judge Warren Wilbert ruled Wednesday that a jury should be selected next spring to determine if Gavin Scott will face the death penalty again. Wilbert also ruled that prosecutors can present evidence that originally helped convict Scott at trial 11 years ago.

Wilbert said the jury needed the evidence in order to decide whether the 31-year-old Scott should be sentenced to death or prison for shooting Doug and Beth Brittain on Sept. 13, 1996.

Two previous juries sentenced Scott to death 10 years ago.

But last year, the Kansas Supreme Court ordered a new penalty phase for Scott because a previous jury received incorrect instructions on the law.

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Information from: The Wichita Eagle, http://www.kansas.com