Defendant kills witness, trial goes on

June 25, 2008 6:03:36 PM PDT
The Supreme Court says a convicted killer deserves a new trial because jurors heard testimony that should have been excluded. His ex-girlfriend made the statements shortly before he killed her. The justices, in a 6-3 vote, were reaffirming the rights of criminal defendants to confront witnesses against them, even in cases where the defendant is responsible for the witness' absence.

The issue arose in the case of Dwayne Giles, arrested in the shooting death of Brenda Avie in 2002, several weeks after she told police that Giles had assaulted her and threatened to kill her.

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