Tulsa D.A. On Double Murder Retrial

NewsOn6.com

TULSA, OK -- Tulsa District Attorney Tim Harris expressed his regret over an overturned homicide conviction this week and the pain it must cause for the victim's family.

Phillip Summers was convicted in 2008 for the double murder of a Tulsa couple, Ples and Shelly Vann. An appellate court on Thursday ordered a new trial, ruling that the exclusion of a witness from testifying at the first trial violated Summers' right to a fair trial.

2/25/2010 Related Story: Oklahoma Double Murder Conviction Overturned

"I respect the decision of the Court of Criminal Appeals but disagree with their analysis of the trial. We will review our ability to marshal the necessary evidence to go forward in a new trial," said District Attorney Tim Harris.

"I am saddened by this ruling for the family and friends of the murder victims, Ples and Shelly Vann," Harris said.

"A conviction does not diminish their loss, but I believe survivors do take some solace in seeing the perpetrator prosecuted and held accountable. The wounds of this double murder have been re-opened once again for this family."

Summers received two death sentences for the Vann's deaths. They were shot to death in their home over what prosecutors say was a gang-related incident.

The appellate court also said in its ruling that the state's primary witnesses again Summers were not reliable and that the forensic evidence available in the case did not implicate Summers in the crime.