UPDATE: W.Va. State Supreme Court overturns new trial for convicted murderer

A man who has spent nearly 30 years in prison for a woman's murder will not get a new trial, following questions about the testimony of former State Police serologist Fred Zain, the West Virginia Supreme Court of Appeals ruled.

Phillip Ward has spent 30 years in prison for the 1987 murder of Carol Carter. She was killed at a former Wendy's restaurant along U.S. 60 where she worked.

Cabell County Prosecutor Sean "Corky" Hammers released the following statement:

“I’m sure the family of Carol Carter is very thankful that our Supreme Court has reversed Judge Ferguson’s decision to set aside the conviction of her killer, Phillip Ward. The Supreme Court found that the Circuit Court clearly erred in its findings that contravened the weight of the evidence in this case.”

In September 2016, Cabell County Circuit Judge Alfred Ferguson ruled Ward should get a new trial after calling into question the testimony of the late Zain.

Prosecutors appealed the decision to give Ward a new trial to the state Supreme Court of Appeals.

The Court says there was substantial evidence to result in Ward's conviction, even without the serology evidence connected to Zain.

It wrote, “But even so, the Court has already ruled specifically that taking away any consideration of any of the serology evidence, there remained more than enough evidence to convince a jury of the defendant’s guilt.”

In the Court's conclusion it states, "Based upon the foregoing, the Court reverses the decision of the circuit court and remands the case for reinstatement of Respondent Ward’s conviction and sentence."

HUNTINGTON, W.Va. (WSAZ) -- A man was back in court for the first time since a judge ruled he would get a new trial in a case that happened in 1987.

Phillip Ward has spent nearly 30 years in prison for the murder of Carol Carter.

His appeal to get bond or home confinement before his new trial was denied.

Cabell County Circuit Judge Alfred Ferguson ruled in September Ward should get a new trial after calling into question the testimony of former State Police serologist Fred Zain.

Prosecutors have appealed the decision to give Ward a new trial.

"We hope the Supreme Court reverses Judge Ferguson's ruling to give Mr. Ward a new trial and we can finally put this thing to bed," said Cabell County Prosecutor Corky Hammers.

Members of Carter's family were also in the courtroom Monday.

"The man is guilty, again, we don't understand why we're here," said Carol Carter's brother Kenneth. "I believe they (W. Va. Supreme Court) will lock him up and keep him there forever."

Ward is scheduled to be back in court on Dec. 29.

CHARLESTON, W.Va. (AP) - Prosecutors are appealing a decision to grant a new trial to a man who was serving a life sentence for a 1987 murder in Huntington.

The Charleston Gazette-Mail reports prosecutors filed a notice to appeal with West Virginia's Supreme Court.

The notice seeks to reverse Cabell Circuit Judge Alfred Ferguson's order and reinstate Phillip Ward's first-degree murder conviction and sentence of life in prison without possibility of parole.

Prosecutors say the judge abused his discretion when he granted the new trial, based on testimony from former West Virginia State Police serologist Fred Zain. Prosecutors say Zain's testimony was "completely litigated."

Attorney Connor Robertson says it's unfortunate the prosecutors believe trials "tainted with false and perjured testimony" are acceptable.

Ward has spent nearly 30 years in prison for Carol Carter's murder.

HUNTINGTON, W.Va. (WSAZ) -- A man who was convicted of murder in 1987 will get a new trial.

Phillip Ward, 51, was convicted of killing his co-worker, Carol Carter, after she was found behind a furniture store.

Cabell County Circuit Judge Alfred Ferguson said the retrial is a "matter of fundamental fairness."

Former State Police serologist Fred Zain's testimony has been demonstrated as false, according to the order.

The order states many pieces of evidence including blood samples of Carter and Ward are not incriminating against Ward.

"The forensic testimony and the direct evidence of the money, with her blood being in his possession, was certainly the most damning evidence," Ward's lawyer, Connor Robertson said. "But you take all that away and you have a highly circumstantial case."

Robertson said Ward was speechless and in disbelief since he'd been fighting the case for almost 30 years.

"The most fundamental right that we have as Americans, in our criminal justice system, is the right to a fair trial," Robertson said. "That's what he's been asking for all these years and...he may finally get that opportunity."

Ward has spent the last 29 years in prison.

Just three weeks ago, charges against another man -- former Charleston pro baseball player Jimmie Gardner -- were dropped. Part of his conviction also hinged on testimony from Zain.

Gardner says he was overjoyed to hear about Ward's conviction being overturned too and his hope is stronger than ever more people convicted by Zain testimony will get a second chance.

"I just want to see guys...get an opportunity for relief and just be heard," Gardner said. "There's a lot of guys that have been shut down for a number of years and those guys are still out there and those guys need to have their day in court."

A retrial date for Ward has not been set.