Former Kirksville dentist Steve Barber will get a new trial in his witness-tampering case.
That ruling from a Missouri appeals court is the result of an incomplete recording of the transcript from Barber's first trial.
Adair County Circuit Clerk Linda Decker told KTVO the recording of the trial contain approximately a half-hour of silence where Barber's testimony should have been.
In that same section of the recording there was also some country music picked up from some radio station.
Decker said she's not sure if human error or machine error is to blame.
â??I still don't feel like I have a good hard answer of what the problem was," said Decker. "I think there's a lot of finger pointing, and I don't have a problem with accepting the responsibility that there was not a complete transcript made. Anything that happens in this office is and will be my responsibility.â??
Decker tells us the individual who serviced the recording system said it was human error. We asked Decker if there will be any policy changes.
â??I don't think there will be any policy changes because the state is unable to fund court reporters to set for associate judge hearings," said Decker. â??If they're going to start putting a court reporter in every time we have an associate judge, we're going to have to have a large funding area to take that over."
Barber was convicted a year ago on two counts of tampering with a witness. He was sentenced to five years in prison on each count.
Barber is free on bond pending further developments in his case.
Barber to get new trial - Wednesday at 9:55 AM
We have the Adair County Prosecutor's response posted.
Barber appeal date set - Friday, August 31, 2012
Oral arguments to be heard in October.
State answers in Barber's appeal - Tuesday, August 21, 2012
Barber remains free pending outcome of his appeal.