NATCHEZ — The Mississippi Supreme Court ruled Thursday an Adams County man on death row for killing an infant may ask the local trial court to consider new evidence.

The court granted Jeffrey Havard permission to file for post-conviction relief based on what his defense team suggests is newly discovered evidence.

The ruling does not mean Havard will get a new trial, but it is a potential step toward it as his legal team will ask the court to determine if the evidence warrants reconsideration of the case.

If the court decides to grant the evidentiary hearing based on the filing and then decides the evidence warranted reconsideration, Havard would face a second trial in Adams County.

Havard was convicted and sentenced to death in December 2002 in relation to the death of six-month-old Chloe Britt, his girlfriend Rebecca’s daughter. He was charged with capital murder in the course of sexual battery.

Havard told investigators the baby had hit her head on the toilet after he dropped her during a bath, and — when she had appeared in shock — he had shaken her in a panic, but offered her comfort when she began to cry.

Chloe was later found blue and not breathing in her bed.

When she was taken to a hospital, a nurse using a rectal thermometer noticed the infant’s anus was dilated, leading to a call to law enforcement on the suspicion of sexual abuse.

The former state pathologist, Steven Hayne, concluded the baby had died of a combination of “a closed head injury and changes consistent with Shaken Baby Syndrome.” The case was tried as a capital murder case in part because of the alleged sexual component.

At trial, emergency room personnel had contended that they had observed “rips and tears” on the infant, but since the trial, Hayne has said he saw no evidence of abuse.

A second pathologist who has examined the case since the trial — former New York City pathologist Michael Baden — said a review of Chloe’s medical records, autopsy and the testimony at trial led him to conclude the death was consistent with a short fall and not with an abusive shaking and that any testimony about anal injuries were “premature” and did not take into account that anal dilation can take place as a natural change in the body upon death.

Havard’s sister Paige Sullivan said the family is “super excited” at the court’s decision

“This is what Jeff wanted,” she said. “He said, ‘I would rather be exonerated, but I want to clear my name,’ and here is his chance.”

District Attorney Ronnie Harper said because the matter is still considered post-conviction it will be handled by the state attorney general’s office.

“If it were remanded to be tried again, we would be the ones handling it,” Harper said.

“Before that happened, I would want to see what the rulings were in the case, if any problems or considerations may be given at that time.

“We would have to see what the ruling was, what the new evidence was, as to what difficulty that might cause.”

Harper said whatever the trial court’s decision, the process would likely be drawn out because either side — Havard or the attorney general’s office — will likely appeal it.

“Either way it goes, there will probably be some appeals from that (post-conviction relief filing) before it comes to some definite decision and it comes down here on a remand or retrial docket,” Harper said.

The court denied Havard the right to file for post-conviction relief based on claims that the prosecution suppressed evidence or that his counsel at trial was ineffective.