FLORES RETRIAL: Judge Hears Arguments

David Flores was found guilty in the 1996 murder of Phyllis Davis, but in 2009 he was granted a new trial.

Friday afternoon, Flores sat before a Polk County Judge to hear what rules will be in place for his re-trial in July.

“It is important for us to be here today to support our son because he was wrongfully convicted,” says Flores’ Father, Angel Flores.

Angel Flores and his wife Diane were among the two dozen supporters in court Friday.

David Flores spent 16-years in prison for the 1996 shooting death of Phyllis Davis.

In 2009 he was awarded a new trial based on new evidence in the case.  Friday, the prosecution and defense fought over what evidence should be allowed during the second trial.

“Our defense essentially is this, the investigation back in 1996, 1997 excluded genuine suspects,” says Flores’ Attorney, Brandon Brown.

Brown wants the jury to hear information about his client’s first trial.

He says it will show police botched the investigation into the 1996 murder and how the prosecution withheld evidence from the defense during the trial.

“We can`t just try this case in a vacuum and say, we`re going to get in a time machine and pretend this is the first time the first trial we can`t do that, because we`re arguing that there were flaws and things that should have been done that were not done,” says Brown.

The prosecution wants a fresh start, and says any details of the first trial shouldn’t be allowed this time around.

“It is inappropriate under the law and under the rules to reference earlier verdicts or earlier outcomes in a re-trial,” says assistant Polk County attorney Dan Voogt.

Chief Judge Arthur Gamble is considering the arguments and will make the final decision on what is and isn’t allowed.

Regardless, Flores’ parents say they are weary justice will be served.

“I’m exhausted I have nothing left only the grace of god that keeps me going, because you know what we`re not going to stop fighting for David,” says Flores’ Mother, Diane Flores.

But both continue to stand by their son’s innocence hoping a re-trial means Flores will walk free for good.

“We have gone through very hard times with this thing and we still continue to go forward with this thing,” says Angel Flores.

After serving 16-years in prison, Flores was released in March 2011 on bond.

Earlier this month he was sent back to jail when the bondsman revoked his bond.

The Flores family wouldn’t say exactly why the bond was revoked; only saying Flores hadn’t done anything criminal.

The re-trial begins July 8th, and is expected to last two weeks.

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