A federal judge has been asked to review Hi-Fi killer William Andrews' latest appeal of his death sentence and to reject a magistrate's recommendation that the appeal be denied.

Andrews' attorneys have asked U.S. District Judge David Sam to reject most of U.S. Magistrate Ronald Boyce's recommendation to deny the appeal, which contended Andrews' trial and sentence were tainted by racial discrimination and false testimony by a former prison psychologist.Sam should conduct a "full and independent consideration of the issues," the attorneys said in a response to the magistrate's 68-page recommendation, issued May 10.

Andrews' attorneys also want Sam to uphold Boyce's determination that Utah law contains no procedural provisions that would prohibit the latest appeal from being considered in federal court.

Andrews, 35, was scheduled to be executed Aug. 22, 1989, for his role in the 1974 torture-slayings of three people in Ogden's Hi-Fi shop. But the 10th Circuit Court of Appeals in Denver stayed the execution indefinitely, pending resolution of several appeals filed on behalf of Andrews.

Andrews' partner in the crime, Pierre Dale Selby, was executed by lethal injection in 1987.

The latest appeal claimed that prosecutors deliberately excluded one potential juror from hearing the case strictly because he was black. That left an all-white jury to consider the fate of Andrews and Selby, both black men.

The appeal also maintained that in the sentencing, the jury was unduly influenced by false testimony presented by former prison psychologist Allen Roe.

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Roe said he knew of three Utah murderers who had killed again after being released from prison. Andrews' attorneys said that wasn't true and that only one had killed again.

Boyce ruled that there was no evidence to support the claim that prosecutors excluded the potential black juror for racially discriminatory reasons.

He also said that prosecutors maintained that a major reason for the rejection of the potential black juror was that he had previously worked for the Ogden Police Department.

The magistrate also determined the prison psychologist did not deliberately mislead the jury.

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