Conviction tossed in taped killing case

Conviction tossed in taped killing case

Victim taped herself pleading for her life

Wednesday, July 14, 2004 Posted: 9:26 PM EDT (0126 GMT)

TRENTON, New Jersey (AP) -- An appeals court overturned the conviction of a man in the 1996 slaying of a teacher who surreptitiously tape-recorded her pleas to the killer to spare her life.

The court on Tuesday tossed out the conviction of Michael LaSane, 25, because his mother had an affair with his lawyer. The court said the sexual relationship amounted to "unethical conduct," though it might not have represented a traditional conflict of interest.



LaSane, who is serving a life sentence, will now be allowed to withdraw his guilty plea in the killing of Kathleen Weinstein, 45, and ask for a trial.

Weinstein managed to tape 46 minutes of conversation after she was carjacked from a shopping plaza before being smothered in a wooded area.

The slaying drew national attention, becoming the basis for a 1996 episode of the NBC television drama "Law and Order."

Prosecutors have 30 days to decide whether to appeal to the state Supreme Court.

LaSane, who prosecutors said committed the crime the day before his 17th birthday, had previously asked to withdraw his guilty plea and stand trial.

A judge rejected the request in 2002, saying there was no chance a jury would find LaSane "anything but guilty."

LaSane's lawyer, Kevin E. Daniels, has acknowledged the affair but said it occurred after his client pleaded guilty and had no effect on his role as defense attorney.

The state appeals court, though, said the relationship occurred before LaSane was sentenced, and that the lawyer "failed to advise his client" of the relationship with the mother.

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