State Files Intent to Retry, Woodworth Attorney Files Motion For Rehearing

| January 22, 2013 | 3:25 pm
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The case of Mark Woodworth saw action today.  The state has declared their intent to retry the Chillicothe resident while his attorney, Robert Ramsey, filed a motion to have a special prosecutor appointed. The Missouri Supreme Court vacated Woodworth’s conviction in an opinion released on January 8th.  Click to hear KMZU’s Kristie Cross talk to Ramsey:

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Ramsey said the first motion he filed Tuesday is a simple request to modify any errors in the opinion.  According to the attorney, these are small details that include the first name of a former prosecutor being incorrectly identified and a statement that indicated Officer David Miller had testified at the hearing of the Special Master when he did not.

Online court documents indicate the second motion is a request for a rehearing.  “I have asked the court to consider either following the recommendation of the special master that an independent prosecutor be appointed to make the decision as to whether or not Mark should be retried or, in the alternative, that there is no authority at this point for the attorney general to act on behalf of Livingston County and it should be sent to Livingston County’s prosecuting attorney for a decision,” said Ramsey.

Opposition to these motions are due no later than noon on January 24th.

When asked if he was prepared for a third trial in the case, Ramsey stated a definite yes.

A motion to set bond for Woodworth was filed by the attorney nearly two weeks ago.  “There has been no ruling on that at this time,” said Ramsey,” The state filed their opposition  last Wednesday.  We are very anxiously awaiting to see how that comes out.”

Woodworth was twice convicted in the shooting death of this rural Chillicothe neighbor Cathy Robertson in the 1990s and was serving a life sentence in prison prior to the Supreme Court’s ruling to vacate.

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