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    Wednesday
    May042005

    Murderer Gets New Trial Because of Defense Attorney's Cocaine Use

    A Tucson man serving a life sentence for murder has been granted a new trial after a judge ruled his former defense attorney used cocaine during his original trial.

    According to court documents, Pima County Superior Court Judge Charles Sabalos made the finding last week against defense attorney Rafael Gallego.

    The judge wrote that defendant Robert Sagasta's new attorney proved that Gallego's "impaired mental and physical condition during trial due to his use of cocaine resulted in deficient representation."

    In addition, Sabalos found that there was a "reasonable probability that but for (Gallego's) unprofessional conduct, the results of the trial would have been different."

    Details here from the Arizona Daily Star.

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