VIRGINIA BEACH, Va. (WAVY) — A judge has denied a petition by the Virginia Beach Sheriff’s Office to force-feed a convicted murderer.

On Monday a jury recommended a life sentence for Joseph Merlino in the cyanide poisoning of his ex-girlfriend.

On Tuesday, Sheriff Ken Stolle and Deputy City Attorney Christopher Boynton were in court asking the judge to grant the Sheriff’s Office an injunction that would allow staff to force-feed him.

Merlino’s attorney, Ros Willis, argued that Virginia law does not allow a judge to order the involuntary feeding of someone who is not incapacitated. In the end, Judge Steven Frucci agreed with that argument.

Merlino appeared emaciated as he entered the courtroom and was silent throughout the proceedings. 

After the hearing, Stolle said he understood the judge’s ruling, but his department can no longer afford to spend “hundreds of thousands of dollars” on special observation staff for Merlino.

“We have deputies around the clock trying to give him food, to get him to drink Gatorade, to do the things he doesn’t want to do,” Stolle said.

Stolle also said that last night Merlino told one of his staff members that he was “ready to negotiate” with officials to end his hunger strike, at one point insisting that he be served fried chicken. Stolle said that’s clear evidence of Merlino’s attempt to “manipulate” jail officials.

Judge Frucci issued the order without prejudice, meaning that if Merlino’s condition deteriorates to the point where he becomes incapacitated, the sheriff’s office can petition the court once again for an injunction to force-feed him.

Stolle said he and Boynton will ask the General Assembly to change state law to allow them to force-feed inmates in certain cases even if they are not incapacitated.

“We try to prevent people from dying in the jail, but when we get an order that restricts us from doing that, then we have no choice in the matter.”

Merlino’s formal sentencing hearing is scheduled for September 26.