Accused murderer Michael Leggett is back in the Lincoln CountyJail awaiting a new trial after a motion by the defense was grantedMonday afternoon during a circuit court hearing.

Leggett, 33, was accused along with Mark Culbertson, 32, in theOct. 11, 2006 death of Jewel Duane Douglas, 36.

On Feb. 29, a jury convicted Leggett of murder. He was sentencedto life in prison as a habitual offender with no chance ofparole.

Culbertson pleaded guilty to manslaughter the next week under anamended indictment after prosecutors said they didn’t seesufficient evidence to convict him of murder for his role inDouglas’ death.

Defense attorneys Joe Fernald and Jason Tate based their motionfor a new trial on a laundry list of infractions they perceived asbeing committed by the state. The first of the two largestgrievances cited by the defense was the prosecution’s failure toinform them of a witness’ indictment on drug charges.

The other, more pivotal mistake made by the state, Fernald said,was the defense’s contention that prosecutors never intended tocharge Culbertson with murder.

Fernald contended that Culbertson, who said under oath that hetestified because it was “the right thing to do,” would not havetestified if he did not believe he was going to receive a deal. Theprosecution had stated several times there was no deal withCulbertson in exchange for his testimony.

Circuit Judge Mike Taylor said the state’s representation ofCulbertson as being also charged with murder – which he was at thetime of Leggett’s trial – interfered with the jury’s ability todecide on a verdict.

One of the instructions given to the Leggett jury was that ifthe defendant acted in concert with the murderer, regardless ofwhether the panel believed Leggett or Culbertson struck the fatalblow, Leggett was also guilty under state law.

“All defendants are entitled to a fair trial. The public alsodeserves fair trials,” Taylor wrote in his 14-page order. “Lawenforcement officers, attorneys, jurors and witnesses have aninterest in knowing that trials are fair. Due process is not aformality.”

Fernald said he felt the ruling was fair.

“The order speaks for itself,” he said. “This is unfortunate foreveryone, including the family of the victim.”

Bates said members of his office are already back at workpreparing for Leggett’s retrial, which is scheduled for Sept.2.

“We’re just going to focus on retrying him and holding himaccountable for his actions,” Bates said. “We’re going to continueto work to make sure everything is done right and justice isserved.”