CLEVELAND (AP) — A judge in Cleveland on Tuesday ordered a new trial for an 83-year-old Ohio man who had previously spent 45 years in prison in the murder of his wife.
The visiting Cuyahoga County Common Pleas judge rejected a defense motion to dismiss the case against Isiah Andrews. Andrews was released last year after another judge reversed his conviction in the 1974 killing of his wife, Regina, saying prosecutors at his 1975 trial failed to disclose information about another suspect.
A defense attorney called the decision to retry Andrews “gross and disgusting,” cleveland.com reported.
Jury selection for the new trial began Tuesday. Prosecutors will read to the jury transcripts from the 1975 proceedings because detectives and key witnesses are longer alive.
The Ohio Innocence Project took up Andrews' case in 2015. Police released a different suspect in the slaying after he presented an alibi for the time the slaying was believed to have been committed, but an autopsy later concluded that the crime had occurred at a different time. That man died in 2011.
Defense attorneys also cite a lack of physical evidence linking Andrews to his wife's slaying and argue that he was convicted largely on the testimony of two women whose stories changed over time.
This story has been corrected to correct spelling of first name, Isiah rather than Isaiah