FULTON COUNTY, Ga. -- A Fulton County man convicted twice of capital murder -- and sentenced to death both times -- now wants a third trial.
The Georgia Supreme Court is hearing De'Kelvin Martin's latest appeal Tuesday. He was convicted of fatally stabbing his girlfriend's grandparents and 12-year-old son in October 2002.
The girlfriend, Tymika Wright, passed away after Martin's first trial. Prosecutors in the second trial still wanted the jury to hear her original victim impact statement, but rather than play an audio recording, they had Wright's aunt read the statement.
Martin's attorneys now say the statement was hearsay and included portions that were not permitted to be read to the jury at the first trial. As a result, they say Martin deserves another trial.
Prosecutors argue that if any error was committed, it was harmless.
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