used every proper and improper method to gain a victory."

Marinello, who turned 73 this month at the Louisiana State Penitentiary at Angola, is appealing his December 2008 conviction of second-degree murder in the Sept. 1, 2006, death of Liz Marinello, 45, who was shot twice in the face the day before as she left a Metairie Road office building.

On Tuesday, Marinello's attorney Annette Roach of the state-funded Louisiana Appellate Project and Jefferson Parish Assistant District Attorney Juliet Clark will square off before 3rd Circuit Court of Appeal Judges John Saunders, Marc Amy and Elizabeth Pickett. The 3rd Circuit has the appeal because the case was tried in Lafayette after 24th Judicial District Judge Conn Regan ruled that extensive media coverage made it impossible to select a fair andimpartial jury in Jefferson Parish.

Search warrant challenged

Marinello, who seeks a new trial and his immediate release from prison, is not expected to attend the hearing. But in two briefs he filed since June to supplement those filed by Roach, he rebuts allegations made during the trial that he killed his wife to silence her claims that he was a bigamist.

Most issues raised in the appeal allege Regan erred in rejecting pretrial arguments by Marinello's trial defense team. Among them was Regan's refusal to remove the Jefferson Parish district attorney's office from the case because of its involvement with the radio show host before the homicide, when he accused his wife of domestic abuse that eventually landed her in jail.

The appeal also alleges Regan erred in rejecting the defense