Ex- Death Row Inmate Files Suit Against Former Prosecutors

He spent several years in a Delaware State Prison on death row, now this former inmate is suing the people who prosecuted him.

Twenty-nine year old Isaiah McCoy was acquitted, after his case was over-turned by the Delaware Supreme Court. The state's high court found that there was misconduct within the team that prosecuted him back in 2012. One of the prosecutors involved, David Favata, was disciplined and suspended for six months. The Delaware Department of Justice has released this statement exclusively to 47 ABC regarding their former colleague David Favata.

The statement from the Delaware DOJ says in part:

"With respect to Mr. McCoy's re-trial on murder charges in 2017, the Department of Justice has stated previously that it was disappointed with the outcome of Mr. McCoy's murder trial, but respected the decision of the court. David Favata has not worked for the Department of Justice since March 2015, approximately 60 days after the Supreme Court's findings as to his conduct during Mr. McCoy's first trial. The circumstances of his departure are a personnel matter which DOJ cannot discuss."

In reference to Isaiah McCoy, his attorney, Herb Mondros says "Isaiah is trying to get his life back together after serving 7 years , almost 7 years in prison most of it in solitary confinement  so under those circumstances he's doing pretty well."

Mondros says because this suit was just filed, he is very limited in what he can say. However, he expects the other other side to file a motion to dismiss the case.