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An upstate man who has been in prison for 26 years must be given a new trial because a prosecutor in his murder trial was aware of falsehoods in the testimony of an expert witness that was "medically speaking, nonsense," a unanimous panel of the U.S. Court of Appeals for the Second Circuit ruled Friday. Robie J. Drake, who was convicted in 1982 for the slaying of two classmates at North Tonawanda High School, must be freed unless he is given a new trial within 90 days, Judge Rosemary S. Pooler wrote for the panel in Drake v. Portuondo .
January 26, 2009 at 12:00 AM
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