A Mobile man convicted of murder last month will get a do-over, a judge ruled Monday.
Judge Edward McDermott, a retired jurist who presided over the trial because the full-time circuit judge was suspended at the time,last week on the defense request to set aside the guilty verdict and either acquit David Cordero-Hernandez or give him a new trial.
Defense attorney Dom Soto said he would have preferred the judge dismissed the charge, entirely, but added that a fresh shot before a jury is significantly better for his client than a conviction.Mobile County Chief Assistant District Attorney Keith Blackwood said prosecutors are considering whether to appeal on grounds that the judge abused his discretion and usurped the role of the jury.
Two days after the shooting, Cordero-Hernandez, his wife, the confessed shooter and another woman living at the house left for Jacksonville, Florida. As with Oslan, the two women also did not testify. But jurors heard statements all three made to police indicating that Cordero-Hernandez was not involved in the murder.
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