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Missing evidence cuts years off man’s sentence

Updated: Thursday, August 28 2014, 05:02 PM EDT
JEFFERSON COUNTY, Ohio – A man already convicted and sentenced to 15 years in jail for a Jefferson County armed robbery has found out he'll get out a lot sooner than expected.
Prosecutors are calling it a very rare case.  Brett Isler, who was convicted of a February armed robbery at the Burger King in Wintersville, had his initial conviction was thrown out due to a missing piece of evidence.
On Thursday, he was back in court to learn some news in his favor. Results of a voice stress analysis test given to both Isler and the main witness after the crime were not handed over to the prosecutor or the defense before the trial.
And that posed a big problem.
"It's important for us to protect the integrity of this process,” Jefferson County Prosecutor Jane Hanlin said. “And in this case because we didn't have the report, and because it wasn't provided to the defendant and they didn't have it, we thought that was a fair resolution for the public, for the defendant, and quite honestly the best we could do in this situation."
While having the test results may not have changed the outcome, the conviction was still vacated and a new trial was ordered.
After several hours of negotiations, and noting no prior criminal record, both sides agreed to reach a plea detailed Thursday.
"It's important that going forward, we are able to work together to make sure that justice is served," Hanlin said.
“My client and I appreciate the professionalism and the integrity of the prosecutor's office,” Defense attorney Aaron Miller said. “Otherwise, we would have never known this document existed, and we asked that the court accept the recommendation."
The judge accepted and Isler will now be out of jail in 3 years. He'll also get credit for time served.

Missing evidence cuts years off man’s sentence

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