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N.D. (AP) – A man convicted in a Fargo murder-for-hire plot says statements he made to police should have been excluded from his trial.

The North Dakota Supreme Court is scheduled to take up Gene Kirkpatrick’s appeal Tuesday.

Kirkpatrick was convicted last July of hiring a hit man to kill his son-in-law, Fargo dentist Philip Gattuso (gah-TOO’-soh).

Prosecutors say Kirkpatrick wanted to take his granddaughter from Gattuso after Kirkpatrick’s daughter died.

Kirkpatrick is serving a life prison term for conspiracy to commit murder and burglary.

Kirkpatrick told police he talked to a man about what it would take to kill Gattuso. But he said there was never an agreement.

Kirkpatrick’s lawyer says the statements shouldn’t have been used during the trial because Kirkpatrick was hungry and tired.

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