The prosecutor won’t seek the death penalty in the retrial of two Barren County men accused of murder.

Dustin L. Asher, 31, of Glasgow and Lonnie Dale Freeman, 39, of Etoile are accused of two counts of murder and two counts of tampering with physical evidence in the deaths of Daniel Froedge, 38, of Park City and Kelly O. Johnson, 32, of Smiths Grove.

The first trial ended in a hung jury Oct. 5 after 101/2 hours of deliberation.

There are plans to file a motion to seek an enhanced penalty of life without the possibility of parole, according to Clint Willis, commonwealth’s attorney for Allen and Simpson counties.

&#8220Unless there becomes additional information that one of the two defendants shot both persons, there will not be a death penalty motion,” Willis said.

Multiple deaths were the only possible aggravating factor in the case that could have allowed prosecution to seek the death penalty, he said.

The information from the first trial does not lend itself to proving that either Asher or Freeman shot both men, Willis said.

Asher and Freeman’s attorney for the first trial, Daniel Taylor III of Louisville, withdrew from the case at a hearing Tuesday, according to court records.

Steven Romines and Pat Renn, both of Louisville, are the new defense attorneys for the retrial. Renn is the attorney who represented Charles Boney when he was accused of killing the family of retired Indiana State Trooper David Camm in Floyd County, Indiana. Camm was also charged in that case.

Boney’s trial and Camm’s retrial are ongoing.

The bodies of Froedge and Johnson were found July 20 on a small road just outside Scottsville. Forensic evidence in the initial trial indicated they were killed between July 12 and July 14, 2005.

The trial will probably be held outside Allen County, Willis said. New Allen Circuit Judge Janet Crocker, who takes the bench Jan. 1, will make the decision regarding venue about the second trial.

&#8220The jurors that I talked to wanted a place with a secure parking lot for jurors; that leaves only the new facilities in Warren and Simpson counties,” he said.

The original trial was delayed by a day due to a bomb threat that was related to the trial that threatened the Allen County Courthouse, Allen County-Scottsville schools and an unidentified factory.

Retiring Judge William Harris has canceled the trial date set in late February. A new date hasn’t been set. There will still be a pretrial conference on Feb. 16 to discuss any motions. Freeman is currently serving a state prison sentence. Asher is at the Allen County Jail on a $500,000 full cash bond.

Freeman was sentenced for first-degree fleeing and evading, two counts of possession of a firearm by a convicted felon, possession of drug paraphernalia second offense, first-degree wanton endangerment and two counts of receiving stolen property over $300.