Ex-Prosecutors Accused In Evidence Case

The [North Carolina] state bar association charged two former prosecutors with withholding evidence and lying to a judge in a 1998 murder trial resulting in a death sentence that was later thrown out.

The complaint said David Hoke and Debra Graves "knew, or should have known" they hadn't given defense attorneys everything he should have in their case against Alan Gell.

Previous court rulings found the prosecutors withheld a tape recording of a key state witness saying she had to "make up a story" for police about the 1995 shooting death of Allen Ray Jenkins. The prosecutors also withheld witness statements indicating the murder occurred while Gell was in jail, the rulings said.

Gell's conviction was thrown out in 2002. At his second trial, in February, Gell was acquitted. He had spent nine years behind bars, half of it on death row.

Details here from the AP via LexisOne.com.