An Illinois man convicted of murder with inaccurate ballistic evidence wants his case dismissed on the eve of his retrial based on allegations of police and prosecutorial misconduct.
Lawyers for 52-year-old Patrick Pursley will argue their motion Tuesday, the day the trial had been scheduled to begin in Winnebago County Court.
Pursley won a new trial last year after ballistic testing proved the gun used to convict him in 1994 for Andy Ascher's death wasn't the homicide weapon. Last week, a state's attorney revealed during a hearing that the victim's mother told his predecessor a year ago that she believed police planted the firearm.
One of Pursley's attorneys confirmed the filing "relates to allegations of police and prosecutorial misconduct."
A spokeswoman for the state's attorney did not immediately respond.