CHICAGO (CBS) — The retrial starts this week for a Naperville man whose conviction and death sentence for murdering his stepdaughter seven years ago were overturned by the State Supreme Court.

Prosecutors are again seeking the death penalty for Laurence Lovejoy, although, the Chicago Tribune reports, that could change if the governor signs legislation abolishing capital punishment.

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Lovejoy was convicted of killing his stepdaughter, 16-year-old Erin Justice, three weeks after she told police he raped her.

She was murdered at a home in Aurora where she and her mother were living after the alleged rape.

Erin Justice was poisoned, beaten, stabbed and drowned.

Lovejoy denies he did it.

His conviction was overturned because prosecutors were slow in handing over key DNA evidence, and the judge refused to delay the trial.