DALLAS COUNTY, Mo. - The state wants to send a Dallas County man back to prison.
Brad Jennings was convicted of 2nd degree murder in the 2006 Christmas morning murder of his wife Lisa at their home in rural Buffalo.
In February, a judge vacated Jennings conviction and set him free in large part because Jennings’ attorneys showed that the state failed to turn over forensic testing that indicated Jennings didn't fire a gun the night his wife died.
According to Jennings attorney Bob Ramsey, the prosecutor, in this case the Attorney General, has filed an appeal saying the judge who vacated the conviction shouldn't have given Jennings a hearing at all.
The AG’s office says a quick reference to gun-shot-residue testing in the original trial should have been enough to show Jennings attorneys that such testing existed.
So the AG believes Jennings should go back to prison and his conviction should be reinstated.
Jennings maintains his wife shot herself that night. Three other agencies agreed it was a case of suicide and the Highway Patrol didn't disclose any history of suicide in Lisa Jennings' family, even though her father committed suicide and Lisa attempted suicide once before.
If an appeals court denies that state's motion to send Jennings back to prison now or reinstate his conviction, prosecutors have until June 8th to decide whether to re-try the case on the original charges.
Jennings has been living at his Dallas County home since his release on Friday, February 9th. KOLR10 News had a full post-release interview with Jennings that you can see here.
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