RIVERHEAD, N.Y. (AP) – A New Yorker convicted of killing his stepfather with a samurai sword will get a new trial.
The state’s highest court says there were errors in 23-year-old Zachary Gibian’s first trial.
Gibian was convicted of nearly beheading his stepfather, Scott Nager, in his home in Hauppauge, on Long Island. He is serving 25 years to life in prison.
The high court has sided with an appeals court. It faulted the trial judge for not allowing testimony about statements allegedly made by Gibian’s mother.
Gibian testified that Nager sexually abused him. He said his mother found out and killed Nager.
She denied the allegations and was never charged.
Prosecutors said they’re confident they’ll obtain a second conviction.
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