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FILE- This undated file photo provided by the Ohio Department of Rehabilitation and Correction shows Arthur Tyler. Cuyahoga County Prosecutor Tim McGinty planned Monday, April 21, 2014, to submit his position on whether condemned killer Tyler, who is facing execution next month for a Cleveland produce vendor’s 1983 slaying, should receive mercy. Attorneys for defendant Tyler say he should receive clemency partly because a second defendant repeatedly admitted being the shooter. (AP Photo/Ohio Department of Rehabilitation and Correction, File)

FILE- This undated file photo provided by the Ohio Department of Rehabilitation and Correction shows Arthur Tyler. Cuyahoga County Prosecutor Tim McGinty planned Monday, April 21, 2014, to submit his position on whether condemned killer Tyler, who is facing execution next month for a Cleveland produce vendor’s 1983 slaying, should receive mercy. Attorneys for defendant Tyler say he should receive clemency partly because a second defendant repeatedly admitted being the shooter. (AP Photo/Ohio Department of Rehabilitation and Correction, File)

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