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Evans wins new trial for murder in father's death

Published on NewsOK Modified: January 31, 2013 at 2:18 pm •  Published: January 31, 2013

In oral arguments last fall, Evans' attorney argued the defense was denied expert testimony about what ongoing abuse would do to a child. That evidence, he said, would have raised a question about the mental condition of the defendant.

Prosecutors said the most important fact in this case was that the victim was asleep when he was shot in the head. They said the Supreme Court had never been asked to determine if a sleeping victim could have been posing a threat.

Chandler said the Supreme Court agreed with Evans that he "demonstrated an actual need for an expert in PTSD and that the trial court's denial of funds was a denial of due process."

"This lack of expert testimony deprived the jury of the information needed to properly understand the evidence regarding whether Dante's PTSD affected his mental state at the time of the shooting," Chandler said.