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EVERETT, Wash. - The man accused of murdering a Monroe corrections officer will face the death penalty if convicted.

The trial for Byron Scherf is now set for October 18.

Monday a judge denied a motion to throw out the death penalty. Scherf's attorneys argued prosecutors did not properly file a request to seek capital punishment.

Scherf, 52, is charged with aggravated murder and could face the death penalty for the Jan. 29 strangling of Jayme Biendl in the chapel at the Washington State Reformatory.

The serial rapist already was serving a life sentence when Biendl was killed.

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