A College Township man convicted in 1997 of killing a 73-year-old State College Borough Planning Commission member is asking permission to appeal his case in federal court.

The 3rd U.S. Circuit Court of Appeals in Philadelphia hasn't issued a decision on Walter Chruby's latest appeal.

Chruby was convicted of fatally stabbing Ruth Fergus 33 times in September 1995 in her home, 542 W. Hillcrest Ave., during a failed robbery attempt.

Chruby, who was 33 at the time of the murder, was sentenced to life in prison by a Centre County jury for first-degree murder and other offenses, according to court documents.

He was also found guilty of burglary, criminal trespass, robbery, theft by unlawful taking and credit card violation, all of which were related to the murder.

Chruby was captured five days after the murder during a meeting with his probation officer.

However, because of repeated DNA analyses and continuance requests, Chruby's trial, which lasted 10 days, did not begin until almost two years later, in June 1997.

The death penalty was an option, but the jury sentenced him to life in prison without parole instead.

In July 1999, the Pennsylvania Supreme Court denied allowance of an appeal filed by Chruby.

He alleged that his trial lawyer, Gary Lysaght, used cocaine, both before and during Chruby's trial, which caused him to receive an "unfair" trial, according to the appeal filing.

Chruby also claimed Lysaght ignored his request to testify during trial, failed to trace phone records that could have proved Chruby did not call the Fergus' residence and failed to object to incriminating testimony of witnesses.

The lawyers who were assigned to represent Chruby during his previous appeal no longer represent him. A current attorney was unable to be reached.

Chruby is serving his life sentence at the State Correctional Institution at Laurel Highlands.