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Judge won't dismiss case against Oklahoma City man whose murder conviction was overturned

Defense attorneys contend Billy M. Thompson, 26, shouldn't be retried for the 2010 killing of Manuel Leon Sanchez, 21, because ex-prosecutors withheld evidence favorable to their client.
by Tim Willert Published: November 15, 2012
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/articleid/3728604/1/pictures/1884524">Photo - Billy Thompson arrives Wednesday for his hearing at the Oklahoma County Courthouse in Oklahoma City.  Photo by Paul B. Southerland, The Oklahoman <strong>PAUL B. SOUTHERLAND</strong>
Billy Thompson arrives Wednesday for his hearing at the Oklahoma County Courthouse in Oklahoma City. Photo by Paul B. Southerland, The Oklahoman PAUL B. SOUTHERLAND

Prater declined to comment Wednesday, but has said he doesn't think his office should be barred from retrying the case because of the actions of Kimbrough and Miller.

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.

“If this stabbing happened in the driveway, then it changes our argument,” Smith told the judge.

Thompson's attorneys said they will appeal the ruling to the state Court of Criminal Appeals, which could delay their client's Dec. 10 trial date.

Sanchez's stepgrandmother, flanked by the victim's mother and aunt, said she was pleased with the ruling.

“The only thing we're wanting is justice for Manuel,” said Tilda Scott-Harjo.

NewsOK.com has disabled the comments for this article.
by Tim Willert
Education Reporter
Tim Willert is a native Californian with Oklahoma ties who covers education. Prior to moving to Oklahoma in June 2011, he was as an editor for FOXSports.com in Century City, Calif., and reported on courts for the Los Angeles Daily Journal and...
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