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New trial begins for man convicted in Wilmington student's death

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DURHAM (AP) -- A new trial is underway in Durham for a man whose 1997 murder conviction was overturned by the state Supreme Court.

Todd Boggess was sentenced to death in the beating death of Danny Pence, a Wilmington honor student.

Boggess got a reprieve in 2004 because of an error by a trial judge. Prosecutor Mitchell Garrell is not seeking the death penalty this time.

Defense attorney Stephen Freedman told the jury his client had been sexually abused as a child and had learned how to go into an altered state at stressful times. Freedman says Boggess couldn't control what was going on when Pence was beaten.

(Copyright 2007 by The Associated Press. All Rights Reserved.)

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