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The attorneys for convicted murderer Mark Hopkinson, in their appeal to the the U.S. 10th Circuit Court of Appeals, are seeking the testimony and evidence introduced during preliminary hearings for three men accused of helping Hopkinson.

Leonard Munker, Wyoming public defender, said the information revealed during the preliminary hearings of three Utah men, Jeff Dunn, Hap Russell and Todd Hall, could be helpful in Hopkinson's appeal of his conviction and death sentence now before the appeals court.The testimony "includes statements of witnesses in the case that have never before been heard from and facts never presented, and I think that somebody who is working on that case ought to be looking at that," Munker said.

The three Utah men had all been charged with aiding and abetting first-degree murder, but charges against Dunn were dismissed after a witness testified during a preliminary hearing in Evanston that he had made up information he gave a Uinta County, Wyo., grand jury in 1982 that implicated Dunn. Charges against the other two remain in place.

The three had been arrested by Uinta County officials based on information officials said was gathered from grand jury transcripts made available to them.

Prosecutors had alleged the three helped arrange the death of Jeffrey Lynn Green in 1979 shortly before Green was to testify before another grand jury regarding the bombing deaths of an Evanston attorney and two members of his family.

Hopkinson has been sentenced to life in prison in connection with the bombing deaths and to death on a conviction of ordering Green's death while imprisoned in California.