An attorney for Hi Fi Shop killer William Andrews says the state has changed its mind about whether the jury in 1974 should have been told it could return a second-degree murder verdict against his client.

Attorney Tim Ford flew to Utah from Seattle early Tuesday to argue before the state Supreme Court. He said state prosecutors once admitted the jury should have been instructed about the lesser charge, but that they now disagree. He wants a rehearing to argue that Andrews should not be executed.Andrews was sentenced to die for his part in the torture murders of three Ogden residents in 1974. His accomplice, Pierre Dale Selby, was executed in 1987.

Meanwhile, the state has hired Robert Wallace of the law firm Hanson, Epperson & Smith to prosecute Andrews. Wallace was hired because newly elected state Attorney General Paul Van Dam hired one of Andrews' attorneys, Joe Tesch, to be his chief deputy.