USA - North Carolina. David Gainey, 37, black, has been granted a new trial

David Gainey, 37, black, has been granted a new trial after Superior Court Judge Gregory Weeks determined that his lawyers failed him during trial and that prosecutors withheld evidence that could have exonerated him. Gainey's death sentence was vacated and his convictions were reversed and set aside. Weeks awarded him a new trial to be held at a later date. Gainey was sentenced to die in 1999 for the 1988 death of Dwayne McNeill, 20. According to Weeks' order, the state's evidence hinged on Gainey's confession. But the details of his confession, the judge notes, don't match the evidence detectives collected. Gainey offered the wrong location for the shooting, the wrong time of the incident and an implausible description of McNeill's final actions. Gainey's confession was the third version of events he offered detectives. After the first two, detectives expressed doubt in his story and subjected Gainey to a lie detector test. After telling him he failed, each time he offered another version of events. Weeks, the judge, faults Gainey's original lawyers for not consulting an expert on false confessions. The judge found that some evidence suggested that Gainey's brother, Michael Gainey, actually killed McNeill. According to the order, prosecutor Peter Strickland knew about the evidence that Gainey's brother could have been the shooter but did not provide the information to defense counsel. A spokeswoman for the Attorney General said they have made no decision yet about whether to appeal Weeks' order. If they don't or if an appeal is denied, Johnston County District Attorney Susan Doyle must then decide how to proceed. Doyle, who was not the district attorney at the time, may choose to retry Gainey and again seek the death penalty or consider a lesser charge or plea arrangement. Gainey remains imprisoned at Central Prison, where he has been for the past 10 years.