ADA — Glen Dale Gore appeared in court again this week for an evidentiary hearing in the case promising the 45-year-old death row inmate a new Pontotoc County trial.

In May 2002, Gore was tried and convicted in Pontotoc County for the Dec. 8, 1982, murder of 21-year-old Debra Sue Carter of Ada, and sentenced to death. Gore's conviction came after the exoneration of Dennis Fritz and Ronald Williamson, who had already served 12 years in prison for the same murder.

Gore, who was the state’s witness at the Fritz and Williamson trial, was charged and convicted when DNA testing excluded Fritz and Williamson from the crime but proved Gore was the donor of fluids found at the murder scene.

At the time Gore was charged with Carter's murder, he was serving a 40-year prison sentence on charges including kidnapping, first degree burglary, shooting with intent to injure, feloniously pointing a weapon, and the felony carrying of a firearm. In April 1999 Gore escaped from a Cleveland County prison, was apprehended and sentenced to five more years.

In August 2005, the Oklahoma Court of Criminal Appeals reversed Gore's death sentence because "a reasonable possibility that exclusion of evidence of Williamson's conviction might have contributed to the (Gore's) conviction" and remanded it back to the Pontotoc County District Court for a new trial, according to the Opinion of Vice-Presiding Judge Gary L. Lumpkin.

At Wednesday's hearing to discuss the operative proof on Williamson's evidentiary issues for Gore's upcoming retrial, Gore's attorney presented a preliminary list of possible witnesses and described to the court what testimony can be expected from each of them.

There was also discussion from both sides on the relevance of evidence admissible in Fritz and Williamson's trial to Gore's retrial. The discussion evolved from a footnote in Lumpkin's Opinion which said, "This does not mean a complete retrial of Williamson's case. Only those matters relevant to (Gore's) defense."

District Judge Thomas S. Landrith ordered a trial date May 3 and expects the re-trial could take up to three weeks.