A convicted child killer on Alabama's death row is going to get a retrial after an appeals court overturned his conviction.
In 2009, Kevin Towles was convicted of beating his five-year-old son to death.
On Friday, March 30, Alabama's court of criminal appeals ruled Kevin Towles must receive a new trial and sentence from Etowah County. The court overturned Towles' conviction of capital murder and his death sentence.
Towles was found guilty in the December 2006 murder of Geontae Glass, his five-year-old son that he had with his girlfriend Shalinda Glass.
At the time, the two concocted a phony Amber Alert story about a kidnapping, spurring on a multi-county search for the boy. Deputies found Geontae's body in a trunk of a stolen car when they searched Towles' home in Boaz.
During Towles' trial, testimony revealed Geontae was beaten to death with a piece of wood, apparently for bringing home a "frowny face" conduct grade from school.
The testimony that caught the eye of the appeals court came from another son of Towles who claimed his father hit him in the head with a metal box fan.
The court ruled the judge's instructions to the jury about this particular piece of testimony was an error, and reversed the conviction and sentence.
Late Monday, Etowah County District Attorney Jimmie Harp expressed his disappointment and said the state attorney general's office will request a re-hearing.
Sheriff Todd Entrekin said the facts in the case did not change, and if there's a retrial he feels the state will receive the same verdict.
Fox6 News also reached out to Towles' Attorney, Dani Bone. He did not wish to comment.
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