BURLINGTON, N.C. — The North Carolina Court of Appeals is ordering a new trial for a man convicted of murder, saying eyewitnesses identified the man after prosecutors improperly led them in naming him.

The Times-News of Burlington reports the court voted 2-1 on Tuesday that Brandon Malone’s conviction last year for murder was tainted because two eyewitnesses were improperly shown videos and photographs of Malone about two weeks before the trial.

Malone was convicted last year for first-degree murder in the October 2012 death of Kevette Jones.

The two judges wrote that no other witnesses identified Malone as the shooter, adding that the positive in-court identification may have turned the jury toward a guilty verdict.

In the dissenting vote, Judge Chris Dillon said other evidence showed Malone was guilty.


Information from: Times-News, http://www.thetimesnews.com

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