Nov 1, 2012 12:18 PM by Associated Press
PHOENIX (AP) - A man released from prison earlier this year after his 2002 child-killing conviction was thrown out will not face a retrial.
A Maricopa County judge ruled earlier this week that prosecutors can never retry 31-year-old Drayton Witt for his infant son's death.
The Arizona Republic reports (http://bit.ly/SzMAbt) that Witt and his wife took their comatose 4-month-old son Steven to a hospital in June 2000. Police and hospital officials determined the baby had been violently shaken. Witt was convicted of murder.
He was released from prison in May after the Arizona Justice Project convinced a judge that scientific evidence no longer supported the conclusion that Witt shook the baby to death.
Maricopa County prosecutors told the court that their medical expert could not testify the baby died of abuse.
Image courtesy Pat Shannahan/The Arizona Republic