Attorneys for trooper's killer want testing records sealed
Courts: Man's prior sentence was overturned
Attorneys for Oklahoma Highway Patrol trooper's killer want testing records sealed

By The Associated Press

Published: August 10, 2008

LAWTON — Attorneys for a man convicted of gunning down an Oklahoma Highway Patrol trooper want a judge to seal the results of his competency test.

Featured Gallery

Ricky Ray Malone was convicted and sentenced to death in 2005 for the Dec. 26, 2003, slaying of trooper Nikky Green on a rural Cotton County road.

The death verdict was later overturned, and the penalty phase of the case was remanded for resentencing.

A competency evaluation sought by Malone's attorneys has been completed, but the results have not become a part of the public record.

Malone's attorneys on Friday filed a document arguing the results of the evaluation should be kept under seal to protect Malone's right to a fair and impartial resentencing trial.

His attorneys argue releasing the competency report may contaminate a prospective jury pool.

Malone's attorneys allege the case has been high profile since its inception and that the media is using court documents as the basis for news stories.

Related Topics: Criminal Sentencing and Punishment, Capital Punishment