DOVER, Del. (AP/WBOC)- The state Supreme Court has sent the case of a former Dover Air Force Base sergeant sentenced to death for killing his wife back to a lower court for further review.
The justices this week rejected 49-year-old Gary W. Ploof's arguments regarding alleged failures by his trial attorney to present certain evidence during the guilt phase of his trial.
But turning to the penalty phase, the court said the post-conviction hearing judge failed to reweigh aggravating evidence against the total mix of mitigating evidence in determining whether the defense's failure to present additional evidence during the penalty phase prejudiced Ploof.
Ploof was convicted of shooting of his wife, Heidi, as she sat in her car in the parking lot of a Dover Wal-Mart in November 2001. He claimed she committed suicide.
Tuesday, July 22 2014 11:33 PM EDT2014-07-23 03:33:21 GMT
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