A federal judge has overturned the decades old conviction of an Ohio death row inmate saying evidence now available would likely have resulted in a jury acquitting him on charges of brutally killing his infant daughter.
The Cincinnati Enquirer reports U.S. District Judge Edmund Sargus ruled last month that prosecutors have 180 days to grant 46-year-old Genesis Hill a new trial or release him from prison.
The Ohio Attorney General’s Office has filed a motion to stay Sargus’ opinion as it readies an appeal.
Hill was convicted in 1991 in Cincinnati of aggravated murder for killing his 6-month-old daughter, Domika. Prosecutors argued the infant was violently shaken.
Sargus’ opinion says new evidence, including an affidavit from the forensic pathologist who testified at Hill’s trial, points to the death being accidental.
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