The motions allege that Kenneth Eugene Barrett should not face the federal death penalty in the September 1999 shooting death of OHP Trooper David "Rocky" Eales, who was killed during a drug raid on Barrett's property just off Dwight Mission Road northwest of Sallisaw.
Barrett's attorney, John Echols of Tulsa, who represented Barrett during his two state trials, wrote Monday that his client should not face a federal trial after being acquitted of first-degree murder and convicted of a lesser count in state court.
Federal prosecutors have until March 15 to respond to the defense motions.
U.S. Attorney General Alberto R. Gonzales authorized the U.S. attorney for the Eastern District of Oklahoma to seek the death penalty against Barrett last month.
The death penalty filings allege that Barrett intentionally killed Eales and will be a danger in the future.
Federal prosecutors were given permission to seek the death penalty under special dual sovereignty rules for capital punishment cases that already have been tried in other court systems.
Barrett, 43, went through two state trials, the first of which deadlocked at 11 to 1 for a first-degree murder conviction.
In Barrett's second trial last year, Barrett was convicted in Sequoyah County District Court of first-degree manslaughter in Eales' death and assault for the wounding of fellow Trooper John Hamilton. Barrett is serving a 20-year prison sentence for the manslaughter charge and a 10-year sentence for the assault charge, to run consecutively. State prosecutors had tried to get a first-degree murder conviction and death penalty during that trial.
