Prater said Tuesday his office will “vigorously defend” against the motion.
“We don't think the law supports their proposition,” he said. “We don't think the actions of the previous two lawyers bar us from retrying this case.”
McIntyre testified during the trial that he and Sanchez left the house after an altercation and were walking up the street when Thompson came up behind them and stabbed them.
Kimbrough and Miller were accused of withholding a statement made by witness Jose Padilla that was “inconsistent” with what he previously told police about where the killing took place.
Padilla told investigators after the trial the stabbings occurred in the driveway of Thompson's house, which would have supported Thompson's self-defense claim, his attorneys contend.
“We're confident if he's retried a second time he'll be convicted again,” said David Slane, the attorney representing the victim's family. “While the family is disappointed by another delay, they're still confident they can get justice for Manuel Sanchez.”