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Millionaire's murder conviction overturned

A millionaire developer sentenced to 30 years in prison after being convicted in the 2009 killing of his wife will get a second trial.

ORANGE COUNTY, Fla. — The murder conviction of Bob Ward was overturned Tuesday, with the judge finding that his trial attorney made too many mistakes for him to have a fair trial.

Ward’s attorneys submitted a 400-page motion claiming that his former attorney, Kirk Kirkconnell, allowed prosecutors to submit inadmissible evidence.

Included in the claims, were that prosecutors submitted evidence about what Ward said before and after his wife, Diane, was shot in the bedroom of their Isleworth mansion.

Prosecutors said in closing arguments that Ward’s refusal to speak to investigators or have his hands tested for gunshot residue likely meant he was guilty.

The actions amounted to a violation of Ward’s right to remain silent and Kirkconnell failed to object and more to a mistrial, his current attorneys argued.

Kirkconnell died of cancer in 2012.

Judge Jennifer Harris, who also presided over Ward’s trial, overturned his murder conviction Tuesday.

The state attorney is expected to appeal the ruling.

In the meantime, Ward’s attorneys are working to get him out of jail while awaiting a new trial.

“The judge’s order confirms what we’ve maintained throughout this proceeding – that Bob Ward never got a fair trial and has not served over four years in prison pursuant to a faulty conviction,” his attorney, Sean M. Ellsworth, said in an emailed statement. “Now that the court has vacated Bob’s conviction, he is presumed innocent and should be released.

“Our next step is to seek a bond.”