DOVER, Del. – A judge is holding a hearing regarding the custody status of a former Delaware death row inmate whose conviction and death sentence were overturned last year.
Wednesday's hearing comes four months after the court granted a request by Isaiah McCoy to be released from solitary confinement and transferred into the general prison population while awaiting a retrial.
The judge noted in his August ruling that McCoy had spent more than five years in solitary confinement, although during much of that time he was presumed innocent, either awaiting trial or after his conviction was overturned. He also noted that solitary confinement impeded McCoy's ability to meet with his lawyers.
Delaware's Supreme Court said McCoy deserved a new trial involving a 2010 drug-related killing because of errors by the judge and prosecutor.