Appellate judges overturned Sydney Powell's conviction in the murder of her mother, opening the door for a possible second trial in a case that garnered nationwide media attention.
Ninth District Appeals Court Judge Jennifer Hensal wrote the decision that was issued Thursday. Judges Donna Carr and Betty Sutton sided with Hensal.
In defending Powell, attorney Don Malarcik argued she was not guilty by reason of insanity. Hensal wrote the Summit County Common Pleas judge should have allowed Powell to present rebuttal testimony in arguing her case.
"The trial court denied Ms. Powell's motion based solely on the conclusion that there has been 'lots and lots and lots' of expert testimony in this matter," Hensal wrote. "Under these circumstances, however, Ms. Powell had an 'unconditional right' to present rebuttal testimony."
Hensal said it was up to Powell's attorneys to prove she was suffering from a severe mental illness during the murder, so had the right to rebuttal testimony.
Following the three-week trial, jurors had three choices: guilty, not guilty by reason of insanity or not guilty. They found her guilty of two counts of murder, felonious assault and tampering with evidence.
Summit County Common Pleas Judge Kelly McLaughlin sentenced Powell to life in prison with possible parole after 15 years.
Malarcik said Powell's family is "ecstatic and hopeful."
"People like Sydney who suffer from a serious mental disease do NOT belong in prison," Malarcik wrote. "I look forward to working with our newly elected prosecutor to ensure Brenda's death is no longer used for political purposes."
