Man wants 1994 murder case tossed, alleges police misconduct

An Illinois man convicted of murder with inaccurate ballistic evidence wants his case dismissed on the eve of his retrial based on allegations of police and prosecutorial misconduct.

Lawyers for 52-year-old Patrick Pursley will argue their motion Tuesday, the day the trial had been scheduled to begin in Winnebago County Court.

Pursley won a new trial last year after ballistic testing proved the gun used to convict him in 1994 for Andy Ascher’s death wasn’t the homicide weapon. Last week, a state’s attorney revealed during a hearing that the victim’s mother told his predecessor a year ago that she believed police planted the firearm.

One of Pursley’s attorneys confirmed the filing “relates to allegations of police and prosecutorial misconduct.”

A spokeswoman for the state’s attorney did not immediately respond.

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