TWINSBURG, Ohio (AP) — The case of a northeast Ohio man convicted of killing his ex-girlfriend in front of her 3-year-old son has been sent back to a federal court for a possible retrial.
A decision Thursday by the 6th U.S. Circuit Court of Appeals in Cincinnati means Willard McCarley’s case will go back to a federal judge for consideration.
The appeals court found that much of the prosecution’s case was based on statements from the 3-year-old who didn’t remember what he had said at the time of trial, violating McCarley’s right to confront witnesses against him.
The 51-year-old McCarley was sentenced to life in prison in the January 1992 death of his ex-girlfriend in Twinsburg. She was strangled and beaten.
Attorneys for both sides didn’t immediately return calls seeking comment Thursday.