New trial in comic store killing upheld

DETROIT, May 5 (UPI) -- A Michigan court has upheld a decision that a man convicted of killing of his wife should get a new trial after defense lawyers claimed they had new evidence.

The appellate court ruled a lower court was correct in ordering a new trial after defense attorneys for Michael George said they had evidence that might point to another killer, the Detroit Free Press reported Wednesday.

A prosecutor in the case said he "respectfully disagrees" with the ruling and will appeal to the Michigan Supreme Court.

"We knew that the final chapter on this case wouldn't be written until the highest court in the state weighs in," Eric Smith said this morning.

Barbara George was shot in 1990 in the comic book store she operated with Michael George.

He was arrested in 2007 in Pennsylvania where he lived with his second wife and children.

A jury convicted him of first-degree murder in 2008, but the lower court set aside the verdict when defense lawyers argued that new evidence indicated another killer, the Free Press said.

Defense lawyer Carl Marlinga said he is waiting to see what the prosecutor's office decides to do.

"We're prepared to either meet them at the Supreme Court or in the courtroom," he said.