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Illinois prosecutor to appeal in 1972 baby killing

Published: Thursday, Aug. 28, 2014 11:00 a.m. CST

BELLEVILLE (AP) — A southern Illinois prosecutor says he will appeal a St. Clair County judge's decision not to reinstate murder charges against an Indiana man in a baby's 1972 beating death.

St. Clair County State's Attorney Brendan Kelly told the Belleville News-Democrat (http://bit.ly/1papgfV ) on Wednesday that he will appeal to the 5th District Appellate Court in Mount Vernon. Judge Robert Haida on Wednesday said he saw nothing in additional records filed by Kelly's office that would cause him to reconsider his May decision to dismiss charges against Gary Warwick of Portage, Indiana.

The murder charge was related to the 1972 death of 1-year-old Joseph Henry Abernathy III. Warwick was charged in 1973 in the baby's death, but the case was dismissed without explanation. New charges were brought in September.

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Information from: Belleville News-Democrat, http://www.bnd.com

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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