- Associated Press - Wednesday, July 13, 2016

CHARLESTON, W.Va. (AP) - A judge has ruled to proceed with a retrial for a former Charleston Wheelers baseball player convicted in a 1987 sexual assault case.

News outlets report that a Kanawha County judge on Tuesday refused to dismiss a more than 25-year-old indictment against 50-year-old Jimmie Gardner.

Gardner will be retried Sept. 12 on the sexual assault and robbery charges for which he was convicted in 1990 and sentenced to 33 to 110 years in prison.

A judge vacated Gardner’s sentence in March based on false testimony given by former state police forensic serologist Fred Zain.

He was released April 1, after serving over 25 years in prison.

Gardner and his attorney Robert Dunlap asked a judge to dismiss the underlying indictment, arguing that Zain’s tainted evidence had influenced jurors.

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