SEATTLE -- The Washington Supreme Court has upheld the death penalty for a man convicted of randomly killing and raping a 65-year-old woman while her disabled husband was in the house.

The court issued its decision Thursday on Cecil Davis' appeal stemming from his conviction of killing Yoshiko Couch in 1997.

Davis had appealed the death sentence because jurors had seen him in shackles during his first trail. In 2004, the Supreme Court vacated his sentence and Davis was re-tried in 2007, when he again was found guilty and sentenced to death.

Two justices dissented from the ruling Thursday saying that while Davis' crime was brutal, similar crimes have been punished with life in prison without chance of parole and not the death sentence

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