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Published: Friday, 1/22/2010

Appeals court to review order granting new trial

The full body of the 6th District Court of Appeals in Cincinnati has agreed to review a decision that granted William T. Montgomery a new trial.

According to an order filed yesterday, a majority of the judges voted to rehear Montgomery's case and vacated the previous opinion released in September by a panel of three of its judges. The case will be reargued before the entire appellate court on June 9.

A federal judge in Cleveland first granted Montgomery a new trial in 2007, saying a police report kept from the defense during his 1986 trial could have changed the outcome of the case. The federal appellate court affirmed the decision in a 2-1 vote released Sept. 29. The decision was appealed to the entire panel of appellate judges, who agreed yesterday to hear the case.

On death row for 21 years when his case was initially overturned, Montgomery, 44, was convicted of the murders of two South Toledo roommates, Debra Ogle, 20, and Cynthia Tincher, 19.

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