Cumberland County District Attorney Skip Ebert says he plans to appeal a ruling granting a new trial to a man accused of fatally shooting Daniel “DJ” Harris Jr. in 2016 at the Haines Stackfield American Legion in Carlisle.
Robert “Rocky” Lee Anderson Jr., 42, was convicted in February of first-degree murder and sentenced by Judge Edward Guido in March to life in prison. However, Guido, who presided over the trial, ordered a new trial Sept. 6 after evidence came to light that prosecutors had misrepresented whether a key witness had received a deal in exchange for his testimony.
CARLISLE — A man who was serving a life sentence for a fatal shooting inside an American Legion post in 2016 has been granted a new trial.
Ebert said Tuesday he expects both his office and Anderson to appeal different aspects of Guido’s ruling.
A new trial will not likely take place until after those appeals are resolved.
Anderson remains confined at State Correctional Institute in Huntington, according to court documents. He will remain confined while appeals are considered, according to Ebert.
Ebert did not comment further on Guido’s Sept. 6 ruling.
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Guido rejected several claims by Anderson’s lawyers, including a claim of prosecutorial misconduct. However, he agreed with their claim under the Brady Rule, which requires prosecutors to turn over evidence that is material to determining a defendant’s guilt or innocence.
Jurors in the murder trial of Robert “Rocky” Anderson heard sentencing arguments Saturday that will determine whether Anderson receives the de…
The claim centered on witness Michael Evans, who told a jury he saw Anderson enter the American Legion around the time the shots were fired. Prosecutors told the jury there were no deals offered for Evans’ testimony.
In June, firearms violations charges against Evans were dropped. His attorney later testified that there was an “implicit understanding” that Evans’ testimony against Anderson would be given “favorable consideration” by prosecutors in Evans’ case.
Without the testimony of Evans, prosecutors would not have had a witness who placed Anderson at the scene of the crime, Guido wrote. He said the body of evidence against Anderson was “substantial” but not “overwhelming (or) uncontradicted,” so he could not consider the error harmless and allow the conviction to stand.
Despite issues with cooperation from witnesses and victims throughout the investigation, Cumberland County District Attorney David Freed said …