A North Carolina Superior Court judge orderd a new trial for death row inmate Rex Penland following DNA testing that discredited the state’s case. Penland was convicted of a rape and murder 11 years ago, but DNA testing at the time of his trial was inconclusive. More recent testing was favorable to Penland and did not place him at the scene of the crime. Penland was convicted largely on the basis of testimony from his two nephews who were also involved in the crime. Ken Rose, one of the Penland’s attorneys, said: “I think there are substantial questions about whether they got the wrong person. We have other evidence calling into question the [nephews’] testimony.”

(Associated Press, July 25, 2005). See Innocence.