DNA may clear Texas death row inmate

DALLAS, Oct. 18 (UPI) -- A Texas man on death row for the 1993 killing of a 7-year-old girl is seeking a retrial retried based on DNA technology not available at the time of his trial.

Attorney Phil Wischkaemper filed a petition for a retrial for Michael Blair, who was convicted of abducting and killing Ashley Estell in Plano, Texas, in 1993, as tissue found under the girl's fingernails did not come from Blair.

Wischkaemper said the new DNA testing shows the tissue samples came from at least two different men, neither of which was Blair, The Dallas Morning News reported.

At Blair's 1994 trial, the strongest evidence against him was hair similar to Blair's found on the girl's body and hair similar to hers found in Blair's car. However, in 2002, the hair samples underwent DNA testing and were found not to belong to Blair or the girl.

The newspaper said even if Blair does get a retrial and is cleared, he will only be taken off death row, as he is serving three consecutive life sentences of aggravated sexual assault of a child after pleading guilty to the charges in 2004.