Judge: Man serving two life sentences to be retried or set free

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by Velma Scaife, 13News

WVEC.com

Posted on March 20, 2013 at 7:04 PM

Updated Thursday, Mar 21 at 9:10 AM

NEWPORT NEWS - David Boyce is serving two life sentences for murder. Now, he may get a new trial.

 

He was convicted of robbing and stabbing his friend, Timothy Askew, at a motel in Newport News in 1990.

He's been fighting that capital murder conviction and now a judge has ruled the state has 120 days to get him a new trial or free him.

According to records, Boyce's DNA wasn't found at the scene and his attorneys didn't know a picture of him taken by a crime scene technician. A hotel clerk testified at trial he'd seen a man leaving the scene. That person had long hair, but in the photo, Boyce had short hair.

Defense attorney Charles Haden has been working to get the case reviewed. He says he tried but failed to get Boyce released on a writ of actual innocence. But The Innocence Project got involved, which led to this week's news, he stated.

Boyce, now 42, is serving his sentence at Augusta Correctional Center 

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