Judge rules Oregon death row inmate could seek to tell jury he doesn't deserve death penalty

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EUGENE, Oregon — An Oregon death row inmate, twice convicted of murder, could get another chance to convince a jury he does not deserve the death penalty.

The Register-Guard reports (http://bit.ly/1IwuDzS ) a judge upheld Jason Van Brumwell's murder conviction, but ruled that had his lawyers done a better job, the jury might have sentenced him to life in prison instead.

The sentence was for the murder of prison inmate David Polin, who suffered a crushed skull and 84 stab wounds when Brumwell and a fellow inmate attacked him in the Oregon State Penitentiary.

Now, Van Brumwell could return to a Marion County courtroom for a new penalty phase.

The 39-year-old Van Brumwell last year informed the court that he waived his appeal and was prepared to be executed. He canceled that request several weeks later.

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