Conviction Upheld In Deadly NYC Mugging Of MN Actress

NEW YORK (AP) -- Appeals judges have upheld the conviction of a man diagnosed as psychotic after being found guilty of murdering a playwright and actress during a New York City mugging.

An appellate ruling Tuesday notes that Rudy Fleming was examined and found mentally fit for trial before and shortly after his 2006 conviction in the death of Nicole duFresne.

Those exams found Fleming was malingering by claiming to see such visions as a "giant marshmellow man."

While serving a life sentence, Fleming was diagnosed as psychotic.

His lawyer said those developments warranted re-examining whether he was competent for trial. Prosecutors have said his mental state in prison doesn't mean he wasn't fit when tried.

His lawyer says she plans to appeal further.

DuFresne, 28, a native of Wayzata, Minn., was living in Brooklyn and working as a bartender when she was killed on the Lower East Side of Manhattan. She had acted in several productions and had co-written a play that toured in drama festivals in the United States and Canada.

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