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Published: Wednesday, 2/8/2012 - Updated: 2 years ago

Judge grants new trial for man in Ohio fire that killed 9, including 8 children at sleepover

ASSOCIATED PRESS
Pictures of the fire victims rest on stuffed animals in front of the burned-out house in Cleveland, in which nine people died. Pictures of the fire victims rest on stuffed animals in front of the burned-out house in Cleveland, in which nine people died.
ASSOCIATED PRESS Enlarge

CLEVELAND— A mentally disabled former drug dealer convicted in the fire deaths of nine people, including eight children at a birthday sleepover, won a new trial on Wednesday from a judge who said jailhouse snitches and other witnesses were unreliable.

U.S. District Court Judge Solomon Oliver overturned the arson conviction of 28-year-old Antun Lewis and said the bulk of the evidence against him came from "suspect witnesses, career criminals and jailhouse informants."

"In so ruling, it is important to note that the court does not find that Lewis did not commit the arson or that there was no evidence at all which would support a conviction,'" the judge said in a 95-page ruling.

"However, this is also a case that was marked by many unresolved questions. A new trial would provide an incentive for both sides to better develop the facts in this case."

Timothy Ivey, part of Lewis' four-member defense team, said he called Lewis, who's still locked up, to inform him of the ruling.

"His response is one of elation but one of vindication. I mean, he's maintained from the beginning his innocence in this case," Ivey said.

Oliver had postponed Lewis' sentencing pending a decision on his motion for a new trial. The judge earlier had ruled out the death penalty because of Lewis' low IQ.

Lewis had been charged with one federal count of arson because the house was rented with a federal subsidy.

He told The Associated Press in an exchange of letters from prison in 2008 that he knew the victims and would never do anything to harm a child.

Antun Lewis Antun Lewis
OHIO DEPARTMENT OF REHABILITATION Enlarge

The 2005 fire killed 33-year-old Medeia Carter, four of her children and four other youngsters attending a sleepover marking Moses Williams Jr.'s 14th birthday. More than 4,000 people attended their funeral at a convention center.

No motive was specified, but the prosecution suggested that Lewis was upset about a drug debt and wanted to get even. The defense repeatedly highlighted the absence of a motive, but the prosecution said it wasn't required to identify one.

Spokesman Mike Tobin with the U.S. attorney's office declined to comment on the new trial ruling.

Defense attorney Angelo Lonardo said that Lewis has always maintained his innocence and that the defense is ready to retry the case. "We're just ecstatic," added Lonardo, who said jailhouse snitches looking for leniency had framed Lewis.

"It's always been our hope that the true people responsible for this will be charged as a result of our efforts. We continue to feel for the victims as we always have," he said.

Lewis had an aggravated arson conviction at the age of 12 and assaults on a school principal and probation officer before he was 15.

As an adult, Lewis has convictions for car theft, disorderly conduct, repeat drug and resisting arrest counts, drunken driving, fleeing and, while locked up, assaults on two fellow inmates.



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