Should Convicted Rapist, Murderer Get a New Trial?

Judge to reconsider new trial in 1989 Pa. slaying

Tuesday, Jul 2, 2013  |  Updated 6:20 AM EDT
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Should Convicted Rapist, Murderer Get a New Trial?

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An appeals court has ordered a judge to reconsider granting a new trial for an eastern Pennsylvania man convicted of raping and strangling an 11-year-old girl more than two decades ago.

Scott Oliver, 44, of Easton is serving life in the August 1989 murder of Melissa Jaroschak, a native of Phillipsburg, N.J. who lived in Easton. He has appealed, citing new DNA evidence.

Northampton County Judge Leonard Zito ruled in November that even with the new tests, Oliver probably still would have been convicted. He also said the two tests are “inconclusive” given their differing results.

But the Superior Court panel said Zito shouldn't have considered other new evidence and should have only considered whether the DNA evidence would have changed the outcome given evidence available at the time.

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