Prosecutor Seeks Appeal For Conviction Reversal

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(AP Photo/California Department of Correction)

(AP Photo/California Department of Correction)

HAGERSTOWN, Md. (AP) — A Maryland prosecutor wants to appeal a judge’s reversal of the 1980 murder conviction of a West Virginia man in the slaying of a sheriff’s deputy.

Garrett County’s State’s Attorney Lisa Thayer Welch filed paperwork Tuesday seeking to appeal a Washington County judge’s finding last month that the judge at Roberto Rezek’s trial gave improper jury instructions.

Rezek, of Fairmont, W.Va., was sentenced to life plus 15 years in the 1979 shooting death of Deputy David Livengood.

Rezek, 63, and co-defendant Richard Tichnell were convicted of murdering Livengood when he caught them robbing an Oakland Army-Navy surplus store in Oakland. Tichnell died in prison in 2006.

Welch argues that there’s no question that the trial’s outcome was correct and it’s unfair that Rezek will be allowed another chance.

(Copyright 2011 by The Associated Press. All Rights Reserved.)

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