- Associated Press - Monday, January 9, 2017

DOVER, Del. (AP) - A bench trial is under way in Kent County for a former death row inmate being retried in a drug-related killing

Isaiah McCoy is being retried on charges of killing 30-year-old James Mumford in Dover in 2010.

McCoy was convicted and sentenced to death in 2012, but Delaware’s Supreme Court ordered a new trial because of errors by the judge and prosecutor at McCoy’s first trial. The Supreme Court said the trial judge erred in improperly denying the challenge of McCoy, who is black, to the seating of a white juror. The justices also cited the prosecutor’s “pervasive unprofessional conduct.”

After his attorneys argued unsuccessfully that he should not be subjected to a retrial, McCoy waived his right to a jury trial. He faces a charge of first-degree murder.

McCoy, who has a long criminal history, has maintained his innocence in Mumford’s killing, rejecting an offer from prosecutors to avoid a retrial by pleading guilty to manslaughter and possession of a firearm during the commission of a felony.

The first witness to testify at the retrial Monday was Deshaun White, a nephew of McCoy.

White was sentenced to more than a dozen years in prison after pleading guilty to manslaughter and other charges for his role in the crime and agreeing to testify against McCoy.

Under cross-examination by the defense Monday, White acknowledged that he had made false and inconsistent statements to police and in his testimony at McCoy’s first trial.

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