DOVER, Del. (AP) - State prosecutors are challenging a judge's ruling overturning the convictions of a man sentenced to life in prison without parole for a 1998 killing in Wilmington.
A judge vacated the 2002 murder conviction of Damone Flowers last year, saying Flowers' trial attorney erred in not objecting to the admission into evidence of out-of-court statements from five witnesses.
The Supreme Court was to hear arguments Wednesday in the state's appeal of the ruling, which found that prosecutors did not lay the proper foundation because they did not ask the witnesses whether the events discussed in their statements were true.
Because of that error, and the defense's failure to object, the judge said Flowers was deprived of his Sixth Amendment right to confront the five witnesses about the truthfulness of their statements.
