Will Austintown man be tried a sixth time for murder?

YOUNGSTOWN — The 7th District Court of Appeals will now consider legal arguments on the merits of whether Christopher L. Anderson should be tried a sixth time for the June 3, 2002, strangulation murder of Amber Zurcher in her Austintown apartment.

Those arguments can now proceed after a 2-2 tie in procedural opinions the appellate judges released Tuesday, which lets stand an earlier appeals court ruling.

Under appellate court rules, that deadlock upholds a 2-1 ruling by a three-judge panel in June 2011 that trial Judge James C. Evans’ decision not to dismiss the case was a final appealable order.

In February 2011, Judge Evans, of Mahoning County Common Pleas Court, overruled a defense motion to dismiss the case after Anderson’s fifth trial in August 2010 ended with a hung jury.

The defense appealed Judge Evans’ decision, but the prosecution argued that decision couldn’t be appealed because it wasn’t a final appealable order.

For the complete story, read Thursday's Vindicator and Vindy.com