AKRON -- Summit County Prosecutor Sherri Bevan Walsh has confirmed that the Ninth District Court of Appeals has determined that former Akron Police Capt. Douglas Prade's new trial ordered by Judge Judy Hunter in January 2013 was not a final order.
The case returns to Judge Christine Croce to either re-enter the order for a new trial as a "final order" that is not contingent upon other circumstances or deny Prade's motion for a new trial.
"Judge Hunter based her orders for exoneration and a new trial on evidence that the Court of Appeals has since called "wholly questionable" and "meaningless," said Prosecutor Walsh.
"Since the alleged new evidence has been shown to be nothing more than the product of contamination, there is no basis or new evidence for a new trial."
The Summit County Prosecutor's Office filed a brief with the court Friday afternoon asking that Prade's motion for reentry of the new trial order be denied.
Because the order for a new trial was not a final order, the court is not required to re-enter the new trial order as a final order.
However, it may instead reconsider the issue of whether there is new evidence worthy of a new trial.