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Judge orders new trial for death row inmate

Posted June 16, 2009

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— A Superior Court judge has ordered a new trial for a Harnett County man on death row for the 1998 murder of a Lillington man.

David Gainey, 37, was convicted July 9, 1999, of first-degree murder, kidnapping and robbery in the March 3, 1998, shooting death of Dwayne Winfield McNeill.

Judge Gregory Weeks ruled in favor of a defense motion that Gainey's attorneys, at the time, failed to properly investigate the circumstances behind multiple confessions he made and that the lead prosecutor in the case withheld evidence that Gainey's younger brother could have killed McNeill.

Weeks said inconsistencies in Gainey's statements suggested he was making up the confession or that he had been coerced.

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  • mochabrown Jun 17, 2009

    Don't let a situation happen to those of you (or your child) who stand accused of something you didn't do and someone has evidence you didn't do it' to prove your innocence, but decides to withhold such information.

    I'm not saying he's guilty or not guilty, but at least the jury should have heard ALL the evidence. If the attorneys who failed to do their jobs and those who withheld evidence (it must would have proven his innocence, so that's why they withheld it) should be punished as well. Things like that do happen.

    Apparently the judge felt there was a need to have a new trial. If the evidence withheld proves that he did in fact do it, then he has no more excuses. Many people have lost their lives, livelihood, over lies, coverups, being falsely accused.

  • iron fist Jun 17, 2009

    what does race have to do with this surething? I don't know if they were black or white, mixed, one of each and don't care. If evidence was withheld he deserves a new trail.

  • Surething Jun 17, 2009

    Yeah racist judicial system rigth iron fist?

  • Snakebite Survivor Jun 17, 2009

    Coerced into pleading guilty and confessing? What a preposterous idea! Of course that never happens.

  • iron fist Jun 17, 2009

    It may be horse manure, but maybe you didn't hear all the evidence, you heard what what you were allowed to hear. Not saying he not guilty but if there is any chance he is not guilty all the evidence should be heard.

  • christinathefern Jun 16, 2009

    I was a juror on this trial. He received a fair trial. The evidence was clear. This is horse manure.

  • dcblackburn1963 Jun 16, 2009

    anytime a new trial is ordered due to misdeeds by an attorney, that attorney should have to pay back all the money he made during that trial and then should be disbarred! this would help make sure lawyers do what they are supposed to do instead of leaving loopholes for criminals to slip thru!

  • Surething Jun 16, 2009

    Seriously? he was coerced into pleading guilty and confessing? The excuses never end.