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The state Supreme Court has decided to hear an appeal to a King County judge's ruling in January, that prosecutors could not seek the death penalty for the two suspects accused of killing a Carnation family on Christmas Eve 2007, The Seattle Times reports.

Joseph McEnroe and his former girlfriend Michele Anderson are accused of killing six members of Anderson s family, including her parents, 6-year-old niece, and 3-year-old nephew. Both have pleaded not guilty.

Until several weeks ago the two faced capital punishment, but a King County judge ruled the option out saying the ruling prosecutor made a legal error in considering the strength of the evidence before deciding to pursue the death penalty.

King County Prosecutors appealed the judge s decision last month saying he made an error in his decision and his ruling was premature, and that the death penalty option should be reinstated.

The trial has been on hold since January while the Supreme Court reviewed the judge's ruling and decided whether or not to hear the case.

The Supreme Court will hear prosecutors' appeal on May 9.

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