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Published September 11, 2013, 03:13 PM

Man Who Killed Mahnoman Deputy Appealing Murder Conviction

A man convicted of killing a young Minnesota deputy is appealing to the Minnesota State Supreme Court arguing that Thomas Fairbanks should not have been convicted.

A man convicted of killing a young Minnesota deputy is appealing to the Minnesota State Supreme Court arguing that Thomas Fairbanks should not have been convicted.

Back in February 2009 Mahnomen County Deputy Chris Dewey was shot in the head while responding to a standoff. He fought for his life for a year and a half before he died at the age of 27.

Today attorneys defending the shooter Thomas Fairbanks argue the murder conviction should be overturned for several reasons including the timing of Dewey's death, and the racial make-up of the jury.

The Minnesota Supreme Court didn't reach a decision but submitted the matter. There is no timeline as to when the court will hand down their ruling.

The arguments are that moving the venue of the trial to Polk County was unconstitutional. The appellate attorney argues the trial location lead to an impartial jury, due to the disparity of racial minorities in Polk County, where there are only 1.4% minorities compared to 40% minority population in Mahnomen County.

The second argument is based on a common law rule in Alabama where there is a limit to charging a defendant one year and one day after the murder.

The Minnesota Supreme Court made it clear Minnesota does not have any such statute of limitations for murder.

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