FILE - In this Oct. 21, 2013 file photo, Theo Crowe stands at the Burleigh County Courthouse in Bismarck, N.D. Authorities say that Crowe, 26, and 20-year-old Joshua Clark conspired to kill ... more 
FILE - In this Oct. 21, 2013 file photo, Theo Crowe stands at the Burleigh County Courthouse in Bismarck, N.D. Authorities say that Crowe, 26, and 20-year-old Joshua Clark conspired to kill 18-year-old John Swain, who had recently moved to Bismarck from Sioux Falls, South Dakota, when he was killed and dismembered in May 2013. Crowe pleaded guilty in the case last October. On Tuesday, JUly 8, 2014, he refused to testify against Clark. Judge Bruce Haskell questioned whether an accomplice or facilitation charge might be more appropriate against Clark. But he denied a defense motion that Clark be acquitted on the conspiracy charge. (AP Photo/The Bismarck Tribune, Mike McCleary, File) less 
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Associated Press | Photo By The Bismarck Tribune, Mike McCleary, File
Wed, Jul 9, 2014 8:33 AM EDT