A Platte County judge has agreed with a defense motion to NOT allow ballistics evidence and certain testimony in the event the state conducts a third murder trial for 38-year old Mark Woodworth of Chillicothe. Woodworth has twice been convicted of murder, armed criminal action, assault, and burglary in events stemming from the early 1990's.
Prosecutors allege that Woodworth shot and killed his neighbor, Cathy Robertson, and wounded her husband, Lyndel.
Woodworth had been serving life in prison when the Missouri Supreme Court, in January, overturned the second conviction. The court ruled prosecutors withheld evidence from Woodworth and his legal team that would have been favorable to the defense. Woodworth was released on bail in February.
His attorney, Robert Ramsey, filed motions asking Platte County Circuit Judge Owens Hull, Jr. to throw out the prosecution's key pieces of physical evidence: the ballistics and testimony of a fingerprint expert.
According to on-line records, Judge Hull rule the bullet recovered from Lyndel Robertson was not properly handled by a private investigator. The judge ruled that the Attorney General's office will be barred from discussing the gun used to kill Cathy Robertson.
Ramsey is quoted as saying the judge's decision will lead him to likely file a motion requesting the judge to dismiss charges against Mark Woodworth OR request the earliest possible date to have another trial.