MADISON, Wis. (AP) — A New London man accused of killing an elderly man seven years ago will get a new trial.
The 4th District Court of Appeals ruled Thursday that a Waupaca County judge improperly allowed evidence from a previous burglary conviction during Chad Magolski’s homicide trial in 2012. The court said the cases weren’t similar enough to justify introducing the evidence, reversed the homicide conviction and ordered a new trial.
Prosecutors allege Magolski, now 35, stabbed 77-year-old James Park in the apartment building the two shared in 2007. Park’s pants pockets appeared to have been searched and his money clip was missing. A jury convicted Magolski and Judge Philip Kirk sentenced him to life.
The state Justice Department prosecuted Magolski. A spokeswoman says the agency may appeal to the state Supreme Court.