SIOUX FALLS, SD -
He admitted his entire murderous plot to a Madison, Wisconsin TV station.
The jailhouse interview James McVay did just days after he was arrested for the murder of 75-year-old Maybelle Schein is now going to be used to convince a jury to give McVay the death penalty.
That ruling was made Wednesday in Minnehaha County.
McVay is awaiting a month-long death penalty hearing but over the next two days attorneys are arguing several motions including Wednesday's attempt by McVay's lawyers to keep the TV interview out of court.
With a calm demeanor and no signs of remorse McVay told Madison, Wisconsin TV station WKOW he would kill again.
"I'd do it again, and again, and again. I'd do anything to take care of my mission," McVay said during his jailhouse TV confession.
A Minnehaha County jury will likely see the interview in March before they decide if McVay should be executed for the brutal stabbing death of Schein.
McVay has pleaded guilty but mentally ill; he walked away from a South Dakota Department of Corrections transition program on July 1, 2011, murdered Schein and stole her car. He told the reporter it was part of a cross-country plot to assassinate President Barack Obama.
In court on Wednesday McVay's attorneys argued that the interview should not be played for the jury because it is not relevant to the death penalty. They also argued McVay's interview with police will already be played for the jury and the TV interview isn't necessary.
But Minnehaha County State's Attorney Aaron McGowan says the interview is necessary because it shows the lack of remorse McVay had just four days after the murder.
Judge Peter Lieberman agreed.
“It is highly relevant for the jury to know how McVay feels about the crime that was committed," Lieberman said in denying the motion to suppress the interview.
McVay's death penalty hearing is scheduled to start on March 17, 2014 and is expected to last four weeks.
McVay's attorneys have also made a change of venue motion because of the publicity surrounding the case but the court will not consider that until jury questionnaires go out after January 1, 2014.
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