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INDIANAPOLIS (AP) — Attorneys for a man on Indiana's death row say he should receive a third trial in part because the prosecutor had a conflict of interest.
Defense lawyers say St. Joseph County Prosecutor Michael Dvorak should have recused himself from Wayne Kubsch's second trial because he had represented a man who was charged with conspiring with Kubsch in the 1998 killings and had access to evidence that wasn't shared with the defense.
Courts have previously rejected similar arguments. The Indiana Supreme Court will hear arguments in Kubsch's appeal Tuesday.
Kubsch was convicted twice of killing his wife, Beth Kubsch, her ex-husband and their 10-year-old son in Mishawaka, just east of South Bend. Prosecutors said Kubsch killed his wife to cash in on a $575,000 life insurance policy.
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