BUFFALO, Mo. — Brad Jennings was accompanied by several family members in court Thursday when he learned the date of his new trial for a crime he’s already been convicted of. 

A retrial was set for October 1. 

He’s accused of fatally shooting his wife Lisa Jennings on Christmas day in 2006. But in February 2018, a judge set aside the murder conviction when it was determined crucial evidence was not used in his first trial. 

That evidence – results that showed Jennings did not have any gunshot residue on his hands or the bathrobe he was wearing the day of the crime, which the defense says proves he didn’t shoot his wife. 

Jennings has always maintained his wife committed suicide. 

Elizabeth Ramsey, one of the defense attorneys, said during the court hearing Thursday Brad Jennings was framed because there was suppression of evidence during his first trial. The prosecution called it a conspiracy theory. 

The defense argues the prosecution and its witnesses knew the test had been done and that the results were negative, but didn’t bring it up during the trial. The defense learned about the material in 2015. 

Thursday, the defense called a witness to the stand- a retired Missouri State Highway Patrol employee. They played a recording of him speaking on the phone with a private investigator, in which he said those results were sent to via fax and mail to Sergeant Dan Nash who was on the case for the initial trial. He said he also notified Nash verbally over the phone. 

For that reason, the defense asked a judge to disqualify the Attorney General’s Office which is prosecuting the case, and requested a new independent prosecutor in the case, saying the AG’s Office would not be fair in a second trial.

The judge denied that request and said while undisclosure of evidence was disturbing he had seen worse discovery issues in other cases.

Jennings will remain out on bond until his new trial in October. He has already spent eight years in prison for this crime.