TN man gets new trial in child rape; judge on drugs - WSMV Channel 4

TN man gets new trial in child rape; judge on drugs

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KNOXVILLE, Tenn. (AP) - A man convicted of child rape in Knox County has been granted a new trial after arguing that a pill-addicted judge presided over the original trial.

Jayson Bailey was convicted in April 2010 on four counts of child rape. Former Judge Richard Baumgartner sentenced him to 38 years in prison.

A subsequent Tennessee Bureau of Investigation probe found the judge was buying pain pills from a man convicted in his drug court.

Baumgartner resigned from the bench and pleaded guilty to official misconduct in March 2011.

Bailey's attorney argued in court that Baumgartner's addiction prevented Bailey from getting a fair trial.

WATE-TV reports that on Thursday, a judge ruled in Bailey's favor.

He is 1 of several people granted a new trial because of Baumgartner's actions.

Copyright 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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