State of Missouri files to re-try Mark Woodworth after Mo. Supreme Court overturns conviction

Court said prosecutors withheld evidence

CHILLICOTHE, Mo. - The state of Missouri now intends to re-try a Chillicothe man - after the state Supreme Court ruled he was wrongfully convicted of murder.

In 1999 a jury convicted Mark Woodworth for the murder of a neighbor, the wife of his father's former business partner. Earlier this month the Missouri Supreme court unanimously agreed the conviction should be overturned because prosecutors withheld important evidence.

Woodworth has spent the past two decades behind bars. In 1995, we was originally convicted of the 1990 killing, After later being release on a short appeal, Woodworth was convicted again in 1999.

While Woodworth has long maintained his innocence, the family of the Kathy Robertson, the victim of the crime, has supported the conviction. Robertson's daughter, Rhonda Robertson Oesch, noted the recent overturning of the conviction did not go as far as to exonerate Woodworth.

"His sentence was vacated because of an alleged technical error. That is not justice," said Oesch in a written statement.

On Tuesday, Woodworth's defense attorney Robert Ramsey filed a motion asking the state to disqualify the attorney general's office from going after a new trial, while the the state filed paperwork with the intent to re-try him.

Special prosecutors from the attorney general's office oversaw both earlier convictions of Woodworth. The court gave the attorney general's office until noon Thursday to respond to the Woodworth motion.

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