A West Feliciana Parish grand jury has re-indicted New Orleans resident Herman Wallace for the 1972 murder of a prison guard just two days after a federal judge overturned the terminally ill man's conviction and ordered him released from prison after serving more than 46 years for armed robbery and murder.
U.S. District Chief Judge Brian Jackson ordered Wallace released Tuesday and ordered a new trial because women were unconstitutionally excluded from the grand jury that indicted Wallace in the fatal stabbing of Brent Miller.
District Attorney Sam D'Aquilla told The Advocate Thursday that Wallace isn't innocent. He says the conviction was overturned because Jackson "perceived a flaw in the indictment — not his murder conviction."
Wallace's legal team says it hasn't received notice of the new indictment.
