1992 murder case sent back to court

Associated Press Published:

TWINSBURG -- The case of a northeast Ohio man convicted of killing his ex-girlfriend in front of her 3-year-old son has been sent back to a federal court for a possible retrial.

A decision Thursday by the 6th U.S. Circuit Court of Appeals in Cincinnati means Willard McCarley's case will go back to a federal judge for consideration.

The appeals court found that much of the prosecution's case was based on statements from the 3-year-old who didn't remember what he had said at the time of trial, violating McCarley's right to confront witnesses against him.

The 51-year-old McCarley was sentenced to life in prison in the January 1992 death of his ex-girlfriend in Twinsburg. She was strangled and beaten.

Attorneys for both sides didn't immediately return calls seeking comment Thursday.

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