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BOISE -- An Idaho prosecutor says he won't seek the death penalty when Lacey Mark Sivak is resentenced this fall.

Sivak was sentenced to death for the murder of Dixie Wilson at a gas station in 1981, but the 9th U.S. Court of Appeals reversed his sentence in 2011 after finding the state allowed a jailhouse informant to lie on the witness stand.

Ada County Deputy Prosecutor Roger Bourne said Wednesday he decided against seeking another death sentence after talking to Wilson's three children -- now all in their 40s -- and her former husband, who is in his mid-70s. Bourne said the family members are tired of waiting for closure, and even if Sivak was sentenced to death again it would likely be 20 years or more before an execution.

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