KNOXVILLE (WATE) – The Knoxville woman dubbed “The Black Widow” has been granted a new trial in the death of her second husband, a court clerk confirmed Thursday. Raynella Dossett-Leath was convicted in 2010 after prosecutors said she shot and killed her husband David Leath, staging it as a suicide.

A judge granted Leath the new trial based on former judge Richard Baumgartner’s drug addiction. Baumgartner was the presiding judge and denied her motion for a new trial just a few days before stepping down due to a TBI investigation of his drug-related activities.

Senior Judge Paul Summers went into detail in his order how he believes Baumgarnter was impaired while on the bench during Leath’s trial. Judge Summers states that Baumgartner’s impairment denied Leath her fundamental right to a fair trial.

Summers goes on to say Baumgartner was an addict during the Leath trial and during her motion for retrial. The court finds Baumgarnter was not able to properly evaluate testimony, weigh the evidence or fairly make a determination to fulfill his role as thirteenth juror. Judge Summers says the system failed.

LMU Associate Dean Matt Lyon says decision could more retrials will follow.

“Each case is going to be determined on its own merit but certainly the things that were happening during the Leath trial I have to imagine were happening during other trials as well,” said Lyon.

Lyon says Baumgartner’s actions are a real tragedy for the judicial system and the parties involved.

In the order Judge Summers states he will preside over the new trial. The order says within 30 days Leath will have an arraignment, bail hearing and scheduling conferences.

Leath sought to get her conviction overturned following former judge Richard Baumgartner’s official misconduct conviction after a TBI probe in 2011. Baumgartner admitted to trading sex for drugs with a woman in his drug court.

The defense wanted the judge to over turn the conviction claiming potential misconduct and ineffective counsel and citing concerns with Judge Baumgartner’s ability to do his job at the time.

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