Alliance man on death row pins hopes on DNA test

The attorney for an Alliance man on death row for a double murder says a new DNA test on a cigarette butt could be a key part of evidence if her client got a new trial.

The attorney representing the state says new analysis would not prove Tyrone Noling is not guilty even if the cigarette butt was linked to a man who had once been a suspect in the case.

The Ohio Supreme Court heard those arguments Tuesday in Columbus and took Nolings request for new DNA testing under advisement.

Noling was convicted of shooting and killing an elderly couple, Bernhardt and Cora Hartig, in their Atwater home in Portage County in 1990. He was sentenced to death in 1996.

The cigarette butt was found in the driveway of the Hartigs home and DNA showed it did not match Noling.

Carrie Wood, an attorney with the Ohio Innocence Project, said she wants to determine if the cigarette butt contains the DNA of Daniel Wilson.

Wilson, convicted of murder in another case, was executed in 2009. He lived near the elderly couples home.

Both attorneys argued over whether state law allows more DNA testing in the case. Nolings request was denied previously based on state law at the time.

State law allows for more DNA testing, not less, Wood said.

Victor V. Vigluicci, the attorney representing the state, said that even if a new test matches Wilsons DNA to the cigarette butt, it doesnt prove he killed the elderly couple. At most it would indicate Wilson flicked a cigarette butt out the window while driving by the home, Vigluicci said.

Go here to see the original:
Alliance man on death row pins hopes on DNA test