Press Release

Judge Orders New Trial in Cold Case Murder

February 11, 2011

Anchorage, Alaska - A new trial has been ordered for Jimmy Eacker, who was convicted of murder in the first degree on March 3, 2010, in connection with the death of Toni Lister in Seward in 1982.

Kenai Superior Court Judge Anna Moran ordered a new trial in this case today because of the state's omission in turning over a laboratory report to the defense.

"It is the responsibility of the state to provide all exculpatory evidence to the defense as soon as the state is able," acknowledged Deputy Attorney General Richard Svobodny.

The report related to the possibility a DNA sample had been contaminated by the laboratory hired by the defense. The state had offered to have a different sample retested by both the state and defense.

Judge Moran is expected to issue a written opinion next week, so the state has not yet evaluated its appellate remedies.

For more information, contact Svobodny at (907) 465-3428.

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Department Media Contacts: Communications Director Patty Sullivan at patty.sullivan@alaska.gov or (907) 269-6368. Information Officer Sam Curtis at sam.curtis@alaska.gov or (907) 269-6269.