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TV Interview Will Be Used In McVay Case



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James McVay pleaded guilty but mentall ill to first degree murder in 2011. Now, a two day motions hearing is underway that involves determining what evidence will be presented to the jury during the trial.

McVay is facing murder charges and a possible death penalty sentence for the 2011 killing of 75-year-old Maybelle Schein in Sioux Falls. McVay broke into Schein's home where he stabbed her in the neck multiple times before stealing her car. McVay was caught in Madison, WI in the stolen car shortly after.

During the first day of the hearing Judge Peter Lieberman denied McVay's lawyers attempt to remove a TV interview McVay did wtih a reporter in Wisconsin from the case. In the interview McVay confesses to killing Schein, stating quote 'In fact I'd do it again, and again, and again, anything to take care of my mission.'

State lawyers say the interview is relevant to the case, and McVay gave the interview of his own free will. In the interview McVay also admits his ultimate goal was to kill President Obama, stating quote 'it felt that I was moving with the universe. I was moving wtih a force that was backing me and it always has, and it always will.'

McVay's lawyers also attempted to challenge the death penalty as a possible sentence, due to McVay's history of mental illness. Judge Lieberman also denied that motion.

Several other motions were settled, including making sure the sentencing hearing is conducted fairly for both sides, and a neutral setting is maintained in the courtroom.

Lawyers from both parties agreed that it is not necessary for McVay to wear handcuffs or shackles during his sentencing hearing.

The motions hearing is set to continue on Thursday, Oct 24.
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