WDAY: The News Leader

Published July 15, 2013, 09:24 PM

A Fargo murder from the 90's is back in the spotlight

Fargo, ND (WDAY TV)-- A Fargo murder from the 90's is back in the spotlight.

Fargo, ND (WDAY TV)-- A Fargo murder from the 90's is back in the spotlight.

Reginald Tweed is on his second appeal, and believes he has a stronger case this time around.

Tweed's defense is being backed by a legal expert, who says his 1st appeal should have led to a retrial, but he was poorly represented.

Tweed appeared in court in the same outfit he left jail in. A request for a suit and no handcuffs was thrown out.

"Wasn't that the same concern as the supreme court had"

Tweed's attorney is arguing this man, Brian Johnson didn't adequately represent Tweed during his first appeal.

Brian Nelson- Tweed’s Former Attorney: "I went with what I thought was the strongest point."

Tweed alongside David Sumner hog-tied and beat Terry Dorff during a night of drinking in the early 90s.

Tweed was convicted of murder, Sumner was acquitted.

A year later Sumner allegedly told a fellow inmate that he hit Dorff once or twice after Tweed did.

Reginald Tweed- Reading His Statement From ’91: "all of the sudden we have credible defense testimony."

But Johnson didn't use it during the first appeal. Legal expert Tom Tuntland says it likely would have gotten Tweed a retrial and could have gotten him acquitted.

He says Johnson failed.

Tom Tuntland- Legal Expert: "he didn't do anything with it he knew it but didn't do anything with it."

The prosecution took advantage of Tweed taking the stand, reminding the judge of the nature of this crime from Tweed's 1991 statement.

Tweed: "We tied his feet back together with his hands grabbed the closest thing, put it in his mouth and he said he was going to call the cops so we needed a head start because we were scared he was struggling so Dave hit him with the rock he wasn't out yet so I hit him with the rock."

The judge has 90 days to respond. Prosecutors thought it'd only take a couple of days to a couple of weeks.