HUNTINGTON, W.Va. (AP) — The decision to grant a new trial to a man convicted of killing a fast-food restaurant manager nearly 30 years ago in West Virginia has been overturned.
The Herald-Dispatch reports the West Virginia Supreme Court of Appeals ruling filed Thursday says 53-year-old Phillip Anthony Ward didn’t provide new evidence or prove previous evidence false to justify vacating his murder conviction in the 1987 beating death of Carol Carter.
Two petitions for a new trial came after the state Supreme Court found that serologist Fred Zain, who testified at Ward’s trial, had given false testimony for more than 10 years about DNA evidence found at crime scenes. The first petition was denied in 1996. Ward’s conviction was vacated in September 2016, leading prosecutors to appeal.
Ward is serving life in prison.
Information from: The Herald-Dispatch, https://www.herald-dispatch.com