Second retrial ordered for David Nash in the "Critterman" murde - WSFA.com Montgomery Alabama news.

Second retrial ordered for David Nash in the "Critterman" murder case

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MONTGOMERY, AL (WSFA) -

The legal wrangling continues over the murder for hire case against former Montgomery Doctor David Nash.

Judge Charles Price ordered a second retrial for Nash due to juror misconduct. His first order to throw out the guilty verdict was stopped by the state supreme court.

The Alabama Court of Criminal Appeals ordered Judge Price to reinstate a murder conviction and set a sentencing date for David Nash in the murder-for-hire of popular River Region pest control man Ralph "Critterman" McNeil and on Friday, April 18, he complied with the order.

Nash was previously sentenced to life in prison without parole, the only sentence the judge could hand down, according to Montgomery County District Attorney Darryl Bailey.

Nash was convicted by a jury of capital murder in August 2013 in connection to McNeil's January 2011 death.

Following the conviction, Nash filed motions to have it set aside and sought a new trial. Judge Price agreed with both motions and vacated the conviction in January 2014.

Judge Price based his order on two things: First, the judge said Nash's trial came from an inconsistent presentation of the evidence that was also used in the previous trial of another co-defendant. The second basis was due to juror misconduct.

The State of Alabama argued that Judge Price, "abused [his] discretion, usurped [his] power, and created a gross disruption in the administration of justice," when he granted Nash's motions to set aside the verdict and order a new trial.

[DOCUMENT: Court of Criminal Appeals Reversal (.pdf)]

The State said Judge Price, "erred in applying judicial estoppel" and "ignored the law and erroneously granted a new a new trial based on juror misconduct."

The Court of Appeals agreed and ordered the judge to reverse his decision and set a sentencing date for Nash.

Nash's attorney, Susan James, says his defense team and family are fully committed to fighting the reversal and say they are going to appeal all the way to the State Supreme Court.

Nash is one of four people implicated in McNeil's death. The others pleaded guilty and did not go to trial. They include Nash's ex-fiance', Serena English, whom prosecutors say was in a custody dispute with McNeil at the time of his death, and cousins Jeremy and Kendall Riley.

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