Cop killer to get new trial or freedom

March 11, 2009 5:18:24 PM PDT
A Federal Appeals Court has decided a death row inmate, convicted of killing a Houston police officer, must be given a new trial or be set free.[SIGN UP: Get headlines and breaking news sent to you]

Anthony Haynes was convicted in 1999 in the shooting death of officer Kent Kincaid.

Haynes appealed, saying prosecutors illegally excluded two black people from consideration as jurors.

State District Court Judge Jim Wallace upheld the removals, even though he was not on the bench at the time they were questioned.

The appeals court ordered the case be retried, or that Haynes be released within six months.

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