- Associated Press - Friday, September 23, 2016

PHOENIX (AP) - State prosecutors are free to file new charges in the case of an Ahwatukee Foothills man accused of killing his young son 12 years ago.

The Arizona Court of Appeals on Thursday found the trial judge’s ruling that precluded evidence of intent to kill was erroneous and vacated that judge’s dismissal of the case with prejudice.

Maricopa County Attorney Bill Montgomery says it validates the state’s contention that evidence of premeditation should have been allowed in the original 2011 trial that ended in a mistrial.

Jeffrey Martinson was accused of giving a drug overdose to his 5-year-old son in August 2004.

Martinson was involved in a custody dispute with the boy’s mother at the time.

Lab tests showed the child had toxic levels of a muscle relaxer in his system.

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