Convicted Killer to Get 3rd Trial

Thursday, March 26th 2009, 10:06 am
By: News 9

Associated Press

OKLAHOMA CITY - A man twice convicted and sentenced to die for killing an Oklahoma City man in 1982 will get a third trial on the charge.

The state Court of Criminal Appeals on Wednesday ordered a new trial for 45-year-old James Fisher in the death of Terry Gene Neal because of ineffective legal counsel.

The court says defense attorney Johnny Albert has admitted to substance abuse problems at the time. Albert could not be reached for comment.

Fisher's first conviction was also overturned because of ineffective counsel.

A witness testified in the case that Fisher hit and stabbed Neal after having sex with him at Neal's apartment.

District Attorney David Prater says prosecutors will assess the case to see if they can present the case a third time more than 25 years after the killing.