Judge will allow death penalty in killings

PHOENIX - The judge in a serial killing case against a former bus driver in Phoenix has denied a request by his defense team to bar the death penalty because a jailhouse video of the suspect was released to news media.

    
Superior Court Judge David Cunanan says there is "no basis" for the request because anyone can ask for a public record, such as the video.
    
Aaron Juan Saucedo's defense lawyers have said in court papers that the release of the video to The Arizona Republic and other news organizations violated their client's constitutional right to bodily privacy.
    
Saucedo has pleaded not guilty to first-degree murder and other charges in attacks that killed nine people and wounded two others. He did not attend Friday's hearing.
    
Cunanan scheduled a Dec. 3 status conference.
 

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