WGEM.com: Quincy News, Weather, Sports, and RadioJudge orders new trial in 1996 Iowa murder case
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Associated Press - December 23, 2009 12:34 PM ET
DES MOINES, Iowa (AP) - A judge has ordered a new trial for a man convicted of killing a woman during a rolling gunbattle between rival gangs in 1996 in Des Moines.
Polk County Judge Don Nickerson says David Flores' attorney was not given a key police report before his trial in the death of Phyllis Davis. She was shot during rush hour on her way home from work.
The judge also found credible new testimony from a Des Moines woman who said this year that another man committed the crime.
Polk County Attorney John Sarcone (SAR'-cone) can appeal the ruling issued Wednesday, hold a new trial or not retry the case. Sarcone says he was reviewing the decision before commenting.
Flores, who was 19 when he was charged with first-degree murder, told The Des Moines Register that he's been "picturing getting this news for 13 years."
Information from: The Des Moines Register, http://www.desmoinesregister.com
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