UNIONTOWN, Pa. (KDKA/AP) – Prosecutors are urging a judge to allow them to present evidence that a woman, whose body was recovered in the Youghiogheny River river last year, was kidnapped and tortured prior to her death.

Craig Rugg, 25, of Connellsville, and Paul Bannasch, 25, of Hopwood, are charged in Fayette County in the June 2013 death of Margaret Kriek, 52, of Connellsville.

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The Herald-Standard reports that Rugg’s attorneys want prosecutors barred from seeking the death penalty because they cannot prove Kriek was kidnapped or tortured.

Assistant District Attorney Anthony Iannamoelli Jr. argued Tuesday that there was evidence that Kriek was alive when she was allegedly beaten and assaulted.

In a taped confession played in court last year, Rugg said that he and Bannasch kicked and stomped the woman. Rugg says he only stopped when his own foot began to hurt.

Prosecutors say the men were unaffected by the murder. They allegedly visited a bar, then grabbed dinner at McDonald’s after dumping the victim’s body in the water.

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Both defendants also want prosecutors barred from using their statements to police.

They are facing charges of homicide and involuntary deviate sexual intercourse.

(Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)

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