Criminal Court Judge Don Poole has agreed not to dismiss an effort for a new trial for Unjolee Moore in order to consider cellphone evidence.
The judge earlier denied a new trial for the man convicted of a 2010 murder.
After that ruling, attorney Daniel Murphy asked the judge to reconsider. He said he had hired a cellphone expert who will testify about what cell records show on Moore's whereabouts.
Attorney Murphy earlier said he was able to obtain a jail medical record showing he had lacerations around the hands and swelling at the left eye after an encounter with former Detective Michael Wenger and another officer.
Moore now says his confession was forced.
Attorney Murphy said phone records show that Moore could not have been at the murder scene.
Prosecutor Cameron Williams noted that a female that Moore was with said he had a gun when he left driving her Nissan Maxima.
He said a Maxima was seen at the British Woods Apartments where Bernard Hughes was killed and Timothy Westfield was left for dead.
Judge Poole, in a lengthy written opinion, earlier said he did not find grounds for a new trial after reviewing the evidence.
The group Concerned Citizens for Justice took up Moore's cause and earlier issued a statement in his behalf.