In pre-trial hearings this afternoon, defense attorney Robert Ramsey claimed there was a mishandling of evidence in previous trials. He went as far as saying that Woodworth was framed for the 1990 shooting death of Kathy Robertson.
"Too many rules that were broken by too many people that knew better," Ramsey said outside the courthouse after the proceedings. "Yeah, I don't mind using that at all because it's about as classic as I've ever seen."
The defense called current Livingston County Sheriff Steve Cox to the stand, who was with the Chillicothe Police Department at the time of the original investigation in 1990.
Cox says in reviewing the documentation from the time, there were several improprieties in the case including the mishandling of evidence and the hiring of a private investigator by the Robertson family who took control of the case away from the sheriff's office.
He also testified there were files that were taken out of the sheriff's office inappropriately and bullets from the scene of the crime that did not follow proper chain of evidence.
The prosecution, in turn, said that this was not the time to be hearing these types of arguments and that it was for a full trial setting.
The judge took everything under advisement. He's giving both sides up to ten additional days to present paperwork for their arguments and then he will make his decision on whether Mark Woodworth will face a third murder trial.
Woodworth's first conviction was thrown out in 1995, a court saying his defense had not been allowed to present critical evidence.
Another jury convicted him in 1999, but that conviction was also thrown out after the defense argued information important to the case was never turned over to them.
Meanwhile, Robertson's family says they still feel Woodworth is guilty.
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