Mara Leveritt reports from a pre-trial hearing
TIM HOWARD: In court Friday.
in Little River County for Tim Howard
, who spent 14 years on Death Row before a court decision held that a prosecutor had withheld potentially exculpatory evidence.
Howard was convicted of killing Brian and Shannon Day in Little River County in 1997.
Howard's attorney, Patrick Benca
, is arguing for dismissal of the charges. But, at a minimum, the death penalty was removed as a potential sentence, Leveritt reports.
Benca told the judge that he was continuing to have trouble obtain evidence from the prosecution, including clothing worn by one of the victims, but said to be lost. The clothing was found in late January. He also noted, in response to the prosecution's claim that no 911 call system existed at the time of the crime, a sheriff's report refers to a 911 call.
A hearing was set Feb. 24 on the motion to dismiss.
Leveritt has written extensively about the case, including this 2011 cover story
in the Times.