St. Joseph County Prosecutor debating retrying Mishawaka man on death row

(Photo supplied/Indiana State Prison)

INDIANAPOLIS (AP) — A northern Indiana prosecutor is weighing whether to retry a man after an appeals court threw out the man’s triple-murder conviction.

Wayne Kubsch was convicted and sentenced to death in 2005 for the 1998 slayings of his wife, her ex-husband and her 10-year-old son. But the 7th Circuit Court of Appeals reversed those convictions Friday in a 6-3 decision.

The court found that a girl’s statement that she saw one of the victims after the time prosecutors say Kubsch committed the killings was “critical evidence” jurors should have heard.

St. Joseph County Prosecutor Ken Cotter said Monday that he will consult with the victims’ families and review case files before determining how to proceed.

Defense attorney Alan Freedman says Kubsch is relieved by the ruling and is awaiting the prosecutor’s decision.

RELATED: Mishawaka death row inmate to get new trial after winning appeal

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