From the Huffington Post :
PHOENIX (AP) — A judge has dismissed a murder case and ordered the release of the defendant — an Arizona man convicted in the 2004 death of his 5-year-old son — after finding misconduct by prosecutors.
Maricopa County Superior Court Sally Duncan issued her ruling on Tuesday in the case against Jeffrey Martinson. As part of her decision, she said Martinson cannot be retried.
The judge ordered Martinson to be released on Nov. 26 after he spent nine years in prison. Prosecutors hope to keep him behind bars with an appeal.
“The court is mindful of what is at stake in this case. The allegations against the defendant are very serious,” Duncan wrote, adding that the “scope and extent of the misconduct in this case leaves the court with no alternative but to dismiss the case with prejudice.”
Martinson, 47, was accused of giving a drug overdose to his son then attempting suicide. Lab tests showed the child had toxic levels of a muscle relaxer in his system. Martinson was involved in a custody dispute with the boy’s mother at the time. He has maintained his innocence.