MISSOULA — A Missoula man whose conviction for killing his 3-month-old son in 2008 was overturned has again pleaded not guilty to deliberate homicide.
A state judge ordered a new trial for Robert Wilkes, saying his lawyer never told jurors a medical examiner could not determine the baby’s cause of death. Prosecutors had argued the baby had been shaken. Wilkes was sentenced to 40 years in prison.
The Montana Innocence Project took on Wilkes’ case and said experts who reviewed the case determined other likely causes for the boy’s death.
District Judge James Haynes ruled earlier this month that Wilkes’ deserved a new trial based on ineffective assistance of counsel.
The Missoulian reports District Judge Leslie Halligan on Wednesday said Wilkes could be released under pretrial supervision..