Milwaukee man gets new trial after homicide conviction

By The Associated Press

CREATED Jan. 12, 2013

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MILWAUKEE (AP) -- A Milwaukee man serving a life sentence for homicide is getting a new trial.

Seneca D. Malone was convicted in 2008 of fatally shooting another man. But the Wisconsin Innocence Project argued that Malone had ineffective counsel.

The Innocence Project is a program through the University of Wisconsin law school. Its attorneys work to free wrongfully convicted inmates.

Innocence Project attorney Ion Meyn says the state's chief witness gave inconsistent statements. He says the defense attorney could have refuted the statements but he failed to conduct even a simple investigation.

A new trial date will be set Tuesday.

Assistant district attorney Grant Huebner says he'll prosecute the new trial just as aggressively. He says the court ruled that the defense counsel was ineffective, but that doesn't change his position.