NEW ORLEANS (AP) — Defense attorneys say a New Orleans judge has overturned the death sentence given to one of five state inmates convicted of killing a guard during a failed escape attempt at the Louisiana State Penitentiary in 1999.

They say retired Orleans Parish Criminal District Court Judge Jerome Winsberg, who is handling the case, let David Brown's conviction stand but has ordered a new sentencing hearing.

They tell The New Orleans Advocate that Winsberg ruled Thursday that prosecutors improperly withheld another inmate's alleged confession until after Brown went on trial.

Brown was one of two inmates sentenced to death for killing Capt. David Knapps. Three others are serving life sentences.

One of those serving life, Barry Edge, allegedly told a cellmate that only he and Jeffrey Cameron Clark killed Knapps.

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