Updated Fri, Nov 18, 2011 5:00 am
A federal judge is allowing an Ohio inmate sentenced to die for ordering a guard's killing during 1993 prison riots to request evidence the inmate claims could exonerate him.
Death row inmate Carlos Sanders was convicted of Robert Vallandingham's slaying during the riots in Lucasville that also killed eight inmates.
The 48-year-old maintains a leader of the Black Gangster Disciplines and two other prisoners killed Vallandingham and that affidavits and statements from other Lucasville inmates back this up.
U.S. District Court Judge Susan Dlott said her order Thursday didn't determine that Sanders is innocent, only that evidence suggests his claim is serious enough to allow him to obtain the evidence.
The state says the inmate affidavits lack credibility and there's no proof other evidence could exonerate Sanders.