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Post by Anja Nieser on Sept 6, 2006 22:00:47 GMT -5
Allentown Man Given Retrial In Deadly 1988 Fire
In Allentown, 5 years after his murder conviction was overturned, a former death row inmate accused of setting a house fire that killed his 3 sons learned Tuesday that his retrial on the charges will start in December.
Lehigh County Judge Lawrence J. Brenner set a Dec. 11 trial date for Dennis Counterman, who spent a decade on death row before his conviction was overturned by Brenner in August 2001.
Brenner has ruled that prosecutors withheld key information from Counterman's lawyers during his 1990 trial.
Prosecutors continue to insist that Counterman started the fire on July 25, 1988, in his Allentown home that killed Christopher, 6, James, 4, and 10-week-old Scott.
The prosecution is barred from using Counterman's wife's testimony from the 1990 trial at the retrial. Also, Janet Counterman may not testify in a new trial because both sides agreed that she is mentally incompetent.
Janet Counterman, who was severely burned in the blaze, had testified in 1990 that the children had never set fires. But police interviews indicate that a neighbor and other people said Janet Counterman told them that the oldest child had set fires and had liked to play with lighters.
(source: The Associated Press)
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