A Bibb County judge has rescinded an order that previously granted a request for a new trial for a man convicted in a 2001 Macon murder.
Lawyers representing David Lee Hill have argued that Hills due process rights were violated during his trial and new evidence has surfaced.
Hill was one of three men sentenced to life in prison in the Nov. 18, 2001, fatal shooting of 18-year-old Alvita Waller inside a house on Amos Street, located in the Pleasant Hill neighborhood. Hill was 20 when he was sent to prison.
Hills lawyers have alleged a now-retired Macon police detective bribed and threatened witnesses into saying certain things and those witnesses have now recanted their testimony. The lawyers also allege prosecutors didnt tell Hills trial lawyer about a woman who corroborated Hills alibi.
Chief Superior Court Judge S. Phillip Brown issued an order Oct. 22 granting Hill a new trial, saying the womans testimony would have lent more credibility to the defense and produced a different verdict.
But in a second order issued Wednesday, Brown said he wants to hold a hearing to further explore legal issues that would affect whether Hill should have a new trial.
District Attorney David Cooke said prosecutors are looking forward to the new hearing.
Apparently the court found that our arguments were persuasive, he said.
In the days after Browns initial order, prosecutors filed a motion asking him to reconsider his decision and said they planned to appeal the matter to the Georgia Supreme Court if Brown stuck by his decision.
Prosecutor Nancy Scott Malcor filed an affidavit with the court after the judges initial ruling, providing evidence she gave Hills trial lawyer a copy of a witness list including contact information for the alleged alibi witness.
Malcor has said the witnesses who alleged police misconduct testified at trial and jurors found them unworthy of belief.
Mark Yurachek, one of Hills lawyers, declined to comment Wednesday.
The Georgia Supreme Court affirmed Hills conviction in 2004. He is being held Georgia State Prison in Reidsville, according to state prison records.
Information from Telegraph archives was used in this report. To contact writer Amy Leigh Womack, call 744-4398.