The Nebraska Court of Appeals says the inmate convicted of killing an inmate from Scottsbluff during the 2017 riot at the state prison in Tecumseh can be retried.
The first trial of 30-year old Eric Ramos in the death of Michael Galindo ended in a mistrial as a result of a meeting between 2 witnesses, a Nebraska State Patrol investigator and a prison staffer, who were trying to find a surveillance video.
The defense argued the error was so grievous that the state should not be allowed to try Ramos again, but the appeals court disagreed.
Galindo, 31 and serving sentences for convictions in both Scotts Bluff and Buffalo County, and Damon Fitzgerald were found dead in the aftermath of the March 2nd, 2017, riot.
Galindo had been attacked by a group of inmates and prosecutors say surveillance video showed Ramos was one of them. The defense argues Ramos was misidentified and did not take part in the attack.
Although Galindo was stabbed more than 130 times, an autopsy showed he actually died of smoke inhalation after retreating to his cell.