By DON AINES dona@herald-mail.com
2:16 p.m. EST, November 23, 2011
HAGERSTOWN—
More than three decades after he was convicted of killing a Garrett County Sheriff’s deputy, Roberto Oskar Rezek was granted a new trial this week in Washington County Circuit Court.
Judge Daniel W. Moylan on Monday reversed Rezek’s 1980 convictions for first-degree murder, robbery and other offenses in the 1979 shooting of Deputy David Livengood during a burglary at an Army-Navy surplus store in Oakland, Md., court records said.
Moylan ruled that the instructions on the law given the jury by Judge Frederick C. Wright III should have been binding and not advisory. In his opinion Moylan cited two Maryland Court of Appeals decisions in 1980 and 1981 which the state’s highest court ruled “the court’s instructions are binding on the jury.”
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