NATCHEZ —The death sentence of an Adams County man convicted in 2002 of capital murder in the death of his girlfriend’s 6-month old child was overturned early Friday.

Sixth District Circuit Court Judge Forrest “Al” Johnson filed his opinion with the court Friday morning. Although Johnson decided the death sentence should be vacated, Johnson said Havard’s conviction in the 2002 trial “is fully and completely upheld and the jury’s verdict is left undisturbed.”

An Adams County jury convicted Havard of capital murder and sentenced him to death in 2002. He has been on death row for the past 15 years, but has always maintained his innocence.

The Mississippi Supreme Court ordered a hearing to determine if a new trial was needed due to changes in medical beliefs surrounding shaken baby syndrome which was suggested as a cause of death of baby Chloe Britt during Havard’s trial.

In his filing, Johnson said that Havard failed to prove by “a preponderance of the evidence” that new evidence exists that would have caused the jury to come up with a different result than it did in 2002.

Click here for pdf of Judge Forrest “Al” Johnson’s opinion

Johnson said despite the evolution of expert opinions on shaken baby syndrome, Havard “simply makes a better argument, not a new one.”

Johnson said the jury considered all of the evidence.

“This is not a case where a jury was asked to accept a bare-bones assertion, with medical evidence only, that the defendant must have violently shaken a baby, causing fatal injuries,” Johnson wrote. “There was damning evidence against (Havard) by way of his being the only one with Chloe at the time of the event, his behavior in ignoring and denying knowledge of her grave condition to the mother and to medical personnel, and the changing and conflicting statements out of his own mouth.”

“The court can say with confidence that (Havard’s) evidence is not sufficient to undermine confidence in the conviction,” Johnson said.

As to the death sentence, Johnson wrote, “While the evidence presented by the (defense) is not sufficient to undermine the court’s confidence in the conviction, there is a cautious disturbance in confidence of the sentence, even if slight.

“Matters and arguments that would not reasonably have changed a juror’s vote on the question of guilt, could have, even if slight, as to the decision on the sentence of death.”

Johnson vacated the death sentence and ordered a new sentencing hearing for Havard before a jury, which would decide between the death penalty and life without parole.

“This was not the ruling we expected,” defense lawyer Graham Carner said.

Carner is representing Havard with attorney Mark Jicka.

Carner said he had expected Johnson to either order or deny a new trial for Havard.

“A half measure is what I call this,” Carner said.

Because of Johnson’s ruling, Carner said he is not sure what the next steps in the process will be.

“Normally an appeal would immediately follow the judge’s ruling had he ruled for a new trial or not,” Carner said.

Because Johnson vacated the sentence and ordered a new sentencing hearing, Carner said he is not sure when the next opportunity to appeal will come.

“We are not sure if we can appeal (Johnson’s) ruling immediately or if we need to go through the sentencing hearing first,” Carner said. “We are researching our options and (will) decide what is best for our client.”

District Attorney Ronnie Harper, who tried the case in 2002, said the case is being handled now by Attorney General Jim Hood’s office, but that his office will help if needed.

Harper said because 15 years have passed, finding all of the witnesses involved in the trial may prove to be difficult. Even still, Harper said they will be ready to proceed.

“(Johnson) has ordered a hearing. As soon as one is set we will go forward,” Harper said.