Christopher DiMeo is escorted by police out of the Nassau...

Christopher DiMeo is escorted by police out of the Nassau County courthouse. Credit: Dick Yarwood

BRIDGEPORT, Conn. -- Prosecutors have filed a motion seeking a new penalty trial for a former Long Island man sentenced to life in prison for killing a husband and wife during a robbery at their Fairfield jewelry store.

Christopher DiMeo, 29, was convicted this year of killing Kim and Tim Donnelly in February 2005. He had faced the possibility of death during the penalty phase.

Prosecutors say the state is entitled to a new penalty trial because the jury failed to render a unanimous verdict, the Connecticut Post reported.

DiMeo's lawyers have said their client does not deserve death because he did not go to the store intending to kill anyone.

The motion could be heard May 6.

DiMeo was already serving a life sentence for killing jewelry store owner Thomas Renison of Glen Head in 2004.

Nicole Pearce, DiMeo's former girlfriend, pleaded guilty to murder in the Donnelly case. Her sentence is pending.

Pearce, who is being treated for cancer and is serving a 20-year sentence for the Renison killing, gave a deposition for the sentencing by videotape.

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