Federal prosecutors will be allowed to submit evidence at a penalty retrial that begins Monday that Ronell Wilson stuck out his tongue at the families of two undercover detectives he murdered after hearing the jury at his first trial in 2007 sentence him to death.

"The court believes that the probative nature of Wilson's act, as depicted by the victims' families, is highly probative of his lack of remorse, his disregard for consequences, and, in turn, his future dangerousness," Eastern District Judge Nicholas Garaufis (See Profile) wrote on Friday in U.S. v. Wilson, 04-cr-1016.