MADISON, Wis. � Prosecutors retrying a 1980 murder cannot use the results of a DNA test because they did the testing on a key piece of evidence without notifying the defense and in the process used up the material.
Dane County Circuit Judge Daniel Moeser said the state acted in â??bad faithâ? when it went did the testing in violation of the judgeâ??s order.
Ralph Armstrong, 54, is set to be tried in June for the second time for the 1980 murder and rape of University of Wisconsin-Madison student Charise Kamps in her apartment.