High court rejects appeal in case of Warren County police offici - Cincinnati News, FOX19-WXIX TV

High court rejects appeal in case of Warren County police official

Thomas James Barton (Provided by the Ohio Department of Rehabilitation and Correction) Thomas James Barton (Provided by the Ohio Department of Rehabilitation and Correction)
WASHINGTON (AP) -

The Supreme Court won't consider reinstating the conviction of a former Springboro police official charged in connection with his wife's 1995 death.
           
The justices on Monday declined to disturb a federal appeals court ruling that said authorities improperly withheld evidence that could have helped Springboro Police Lt. Thomas "Jim" Barton discredit charges linking him to a botched burglary.

The appeals court ordered a new trial.
           
Warren County prosecutors alleged Barton paid to stage a burglary to scare his wife into moving from their farm into the city of Springboro, where he wanted to become police chief.

Authorities said she was killed when the burglary went awry.
           
A jury convicted Barton in 2005 of involuntary manslaughter and aggravated burglary.
           
Prosecutors must now re-try Barton or release him.

Warren County Prosecutor Dave Fornshell said his office plans to re-try Barton. 

"Assuming our witnesses are still available as of today's date, yes, that is our plan," Fornshell said in response to FOX19 NOW's inquiry about a new trial. 

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