- Associated Press - Saturday, October 29, 2016

CHARLESTON, W.Va. (AP) - Prosecutors are appealing a decision to grant a new trial to a man who was serving a life sentence for a 1987 murder in Huntington.

The Charleston Gazette-Mail (https://bit.ly/2em602a ) reports prosecutors filed a notice to appeal with West Virginia’s Supreme Court.

The notice seeks to reverse Cabell Circuit Judge Alfred Ferguson’s order and reinstate Phillip Ward’s first-degree murder conviction and sentence of life in prison without possibility of parole.

Prosecutors say the judge abused his discretion when he granted the new trial, based on testimony from former West Virginia State Police serologist Fred Zain. Prosecutors say Zain’s testimony was “completely litigated.”

Attorney Connor Robertson says it’s unfortunate the prosecutors believe trials “tainted with false and perjured testimony” are acceptable.

Ward has spent nearly 30 years in prison for Carol Carter’s murder.

___

Information from: The Charleston Gazette-Mail, https://wvgazettemail.com.


Copyright © 2018 The Washington Times, LLC.

The Washington Times Comment Policy

The Washington Times welcomes your comments on Spot.im, our third-party provider. Please read our Comment Policy before commenting.

 

Click to Read More and View Comments

Click to Hide