However, Westmoreland County Judge Rita Hathaway ruled Monday that 26-year-old Ricky Smyrnes can raise the issue in the death penalty phase of his trial, should he be convicted of first-degree murder in the February 2010 death of Jennifer Daugherty.
Investigators say Smyrnes and five others tortured Daugherty for more than two days in a dingy Greensburg apartment before killing her and dumping her body. One co-defendant was sentenced to death last month and another to life in prison last year.
Authorities say Daugherty was forced to write a suicide note and drink a cocktail of human waste, bleach and prescription drugs before her death.
Smynes' trial continued Tuesday.



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