Court: Officer guilty of assault should get new trial

MILWAUKEE (AP) — A federal appeals court says a Milwaukee police officer convicted of sexually assaulting a woman after he responded to her 911 call is entitled to a new trial.

A three-judge panel of the 7th U.S. Circuit Court of Appeals ruled flawed jury instructions and ineffective counsel could have made a difference in the 2010 trial of Ladmarald Cates. He was subsequently fired from the police force.

The Journal Sentinel says prosecutors must now decide whether to ask the full appeals court to review the decision, retry the case, reach a plea agreement or dismiss the charges.

The appeals court said both Cates’ appeals and trial attorneys provided ineffective counsel, violating Cates’ constitutional rights.