
OMAHA, Neb. (AP) — The Nebraska Supreme Court has ordered a new trial for a Sarpy County man convicted of sexually assaulting two children, agreeing that his defense lawyer was so ineffective that it denied him a fair trial.
The ruling Friday came in the case of 73-year-old Philip Armstrong, who was convicted in 2009 of sexually assaulting two children he had babysat.
Court records show that Armstrong’s defense attorney provided Armstrong with a recording of investigators’ interview of the victims. Armstrong then showed the recording to several of his family members — a violation of state law.
In its ruling, the high court said Armstrong’s attorney did not explain to the jury why one witness’ testimony was stricken and why other family members were never called.