Mishawaka death row inmate to get new trial after winning appeal

(Photo supplied/Indiana State Prison)

A Mishawaka man convicted of killing his wife, her ex-husband, and their 10-year-old son over 18 years ago will get his day in court…again.

The Indiana Court of Appeals ruled Friday that Wayne Kubsch will get a new trial, according to WSBT.

The court determined key evidence was left out during his trial. The jury wasn’t allowed to hear a taped interview with a 9-year-old. Kubsch’s attorneys felt it would have challenged the prosecution’s version of how the murders went down. The child later couldn’t recall what she told police, so the video was never admitted.

While the Supreme Court would call for this evidence to be admitted, the Court of Appeals admitted the state wasn’t necessarily wrong to exclude the video.

Beth Kubsch was one of the three victims who were either shot or stabbed to death in 1998. Wayne Kubsch was convicted two years later. He’s been on death row since.

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