Wednesday, October 20, 2010

Fayetteville, NC: Court denies soldier retrial in NC pilot's murder

FAYETTEVILLE, N.C. (AP) -- A military appeals court won't consider an appeal from a former Fort Bragg soldier convicted of killing his lover's husband, who was a pilot at a neighboring Air Force base.

The Fayetteville Observer reported Wednesday the Court of Appeals for the Armed Forces rejected John Diamond's petition.

Diamond was a Fort Bragg staff sergeant when he was convicted in 2001 of first-degree murder in the death of Air Force Capt. Marty Theer.

Prosecutors say Diamond plotted the killing with Theer's wife, Michelle. The 41-year-old psychologist was also convicted of first-degree murder and is serving a life sentence.

Marty Theer was a C-130 pilot at Pope Air Force Base.

Prosecutors say he was lured to his wife's office in December 2000 so Diamond could ambush him.

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