- Judge Reginald Cummings: As to the motion for retrial, I am entirely unconvinced by the argument that there was a rush to judgment or racial animus at play here. When it comes to the conduct of the prosecution, I am troubled by the casual manipulation of eyewitnesses and by the disclosure issues surrounding the criminal informant. But those factors, while serious are not enough to trigger the cost and expense of a lengthy retrial. However, when one adds to the mix the abundant enthusiasm and confounding specificity with which the District Attorney pursued this case, all seemingly triggered by the overdose of Miss Richardson, it's clear to me, not that Mr. Wallace is guilty or innocent, but that as a matter of law the errors that I described cannot be said to be harmless. As a result, I am compelled to find that a retrial is warranted. Mr. Wallace deserves an opportunity to present his defense before a new and impartial jury. Accordingly, the previous judgment of conviction is set aside and a new trial is ordered with all deliberate speed.