By Associated Press - Sunday, February 28, 2021

ANNAPOLIS, Md. (AP) - A Maryland appeals court has agreed the judge who presided over the trial of man convicted in two slayings erred by allowing certain expert testimony.

The ruling by the Maryland Court of Special Appeals could lead to a new trial for Kirk Byron Matthews, 60, of Anne Arundel County, the Capital Gazette of Annapolis reported.

Matthews was found guilty of second-degree murder and other counts in the 2017 shootings of Leslie Michael Smith, 48, and Linda Lynn McKenzie, 44. Trial Judge Laura Ripken sentenced Matthews to 80 years in prison.

Matthews has maintained his innocence and filed an appeal shortly after sentencing, focusing on three aspects of the prosecution and the trial court’s decisions.

The three-judge appeals court panel ruled last week that Ripken shouldn’t have allowed testimony from an FBI scientist who analyzed footage of the incident to determine the shooter’s height.

During the trial, a woman told jurors she saw a tall, thin white man with a gun walk past her house before hearing gunshots. Matthews is Black. Prosecutors said Matthews was an armed guard of sorts who maintained order so a nearby drug market avoided police.

Ripken is now on the Court of Special Appeals. She wasn’t involved in this appeal.

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