by Debbie Williams
Published: Wed, December 17, 2008 - 6:47 pm CST
Last Updated: Wed, December 17, 2008 - 7:14 pm CST
The Okaloosa County courtroom was packed with friends and supporters as Jimmy Ates made his way to the defense table and with only time for a quick glance at his daughter, the judge entered and changed his life again."Short and sweet basically the conviction was overturned based on the FBI ballistic evidence provided at trial was false," says Attorney Seth Miller with Innocence Project of Florida.
Prosecutor Spencer Mann says the states attorney's office had no choice but to agree. "We believe the defendant is entitled to a new trial."
Good news for family members, like his daughter and former wife Glenda Tharpe. "It's been hard. We've spent every Christmas at the prison. Every birthday wish was for him to come home. We just want to make up for everything he missed out on."
While the defense and the prosecution may agree the trial was flawed. One person in the courtroom still believes Jimmy Ates is a killer. "He's still guilty, regardless." Norma Jean Ates was Louise Kotarba's only child. Her murder 17 years ago is still difficult for her mother. "Sure it is. It will always be but he knows that he's guilty and he'll have to live with it."
After 10 years in a maximum security prison Ates will be free on bond and will wear an electronic monitor.
"We're not saying the defendant is innocent of the charges our intention at this point is to go forward," says Mann.
But for now, that doesn't matter to the family who has waited ten years for him to come home. "I'm happy. I can't wait to get him home so she can give him a hug," says Tharpe pointing at her daughter.
Ates is the first person in the nation to have a conviction overturned since the FBI declared their forensic bullet comparison analysis defective.
No Winners, Losers in Loper Trial
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