LEBANON, Ohio (AP) — The attorney for a former police official wants a judge to set bail for him in southwest Ohio after a federal court threw out his 2005 conviction on charges from his wife’s slaying in a botched burglary.
A hearing was scheduled Monday afternoon in Warren County on whether former Springboro Police Lt. Thomas “Jim” Barton, 60, should be able to get out of jail while authorities decide whether to retry him. Barton was brought Friday to Warren County Jail from a state prison.
The U.S. Supreme Court last month declined to consider reinstating his conviction, letting stand a 6th U.S. Circuit Court of Appeals ruling that authorities improperly withheld evidence that could have helped Barton’s defense. The appeals court also expressed skepticism about the testimony of a key prosecution witness.