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Judge orders new trial, DA promises to prosecute

Reported by: Jennifer Van Vrancken, Reporter
Email: jvan@fox8tv.net
Reported by: Donny Pearce, Photographer
Last Update: 3/08 6:30 pm
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Convicted killer Michael Anderson faces the death penalty. (FOX 8 News)
Convicted killer Michael Anderson faces the death penalty. (FOX 8 News)

NEW ORLEANS-  When Judge Lynda Van Davis granted the motion for a new trial for Michael Anderson, a clap then a sob could be heard in the courtroom from Anderson's mother. Denise Anderson says, "There is a God. My son is innocent. Now he is going to be proven innocent."

The judge granted a new trial based on two grounds. First, that a video taped interview with Torrie Williams -- containing inconsistencies with the testimony she gave in court as the sole eyewitness -- was turned over after the trial. Second, that the DA did not disclose a plea agreement with jail house informant Ronnie Morgan, in return for his favorable testimony.

Anderson's attorney, Richard Bourke, "Either one of those would have been sufficient to grant a new trial but when you put both of those into a capital case, there is nothing for it except to have a new trial and a jury consider all of the evidence."

DA Leon Cannizzaro says of Anderson, "He is still a murderer and an adverse ruling on a motion for new trial by a criminal court judge can't change that." DA Leon Cannizzarro blames 4 different DAs and 3 different locations post-Katrina for the misplaced tape, but says Torrie Williams inconsistent statements were already questioned at trial.  As for Ronnie Morgan getting any kind of deal for his testimony, Cannizzaro says he sent a letter to the US Attorney asking for consideration on federal charges, but Cannizzaro "As for Morgan he has not and will not receive any consideration in state court in return for his testimony in Anderson's trial."  

Cannizzaro disagrees with the judgment for a new trial and hopes the appeals court will too adding, "This case is far from over if we are not successful in the appellate process we will try this case again."  The DA's office has 30 days to appeal.  Judge Van Davis set a new trial date for Anderson August 2.

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