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Published: Friday, 4/30/2010

June trial moved for man accused of BP store killing

The trial date for a man who faces the death penalty if convicted in the shooting death of a BP convenience store clerk was reset Thursday to Aug. 2.

Attorneys for Anthony Belton asked that the court change the June trial date to allow more time to prepare and argue motions. Mr. Belton, 24, of 934 Cuthbert Rd., is charged with one count of aggravated murder and two counts of aggravated robbery, all with gun specifications, in the slaying of Matthew Dugan, 34, during a robbery Aug. 13, 2008, at the former BP gas station at Dorr Street and Secor Road.

Lucas County Common Pleas Court Judge Ruth Ann Franks yesterday granted the defense request and set June 7 as a date to hear motions, including one to dismiss the capital specifications. His lawyers allege Mr. Belton potentially was discriminated against by the process that determines which defendants face the death penalty.

Another motion requests that the jury view a maximum-security prison as part of the trial phase where it determines whether the death penalty is appropriate.

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