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Death Row Inmate Retried, Acquitted and Freed

This just in from North Carolina--a death row inmate who won a new trial has been acquitted by a jury and freed.

A prisoner taken off death row after a judge ruled prosecutors withheld key evidence in his murder trial was found not guilty Wednesday in a second trial.Alan Gell, 28, has spent a decade behind bars in the 1995 murder of retired truck driver Allen Ray Jenkins, who was shot twice during a robbery. After the verdict, Gell hugged his attorneys and his mother wept in the courtroom.

He was immediately allowed to go free. When asked what he was going to do, he responded: "Go home, where I should have been years ago."....Asked whether he harbors hard feelings against the state, Gell replied, "No comment. As you all know, there was some misconduct."

But prosecutors in Gell's original trial withheld from defense lawyers a secretly taped phone call in which Morris, who was then 15 years old, did not answer when her boyfriend asked her twice whether Gell killed Jenkins. She also told her boyfriend she had to "make up a story" about Jenkins' death. Also withheld by prosecutors were statements from more than a dozen witnesses who said they saw Jenkins alive after April 3. Gell was either out of state or in jail on a car-theft charge from April 4 until after Jenkins' body was found April 14.

During the retrial, three scientific experts testified that Jenkins' body and the scene of his killing were not consistent with the prosecution's argument that he was killed 11 days prior.

"We finally got the truth," said Gell's stepfather, Joel Johnson. "It was a hard fight. You can't win a fight when the other side makes up the evidence."

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