Bailiff allegedly tainted molestation case, defendant wins new trial

ATLANTA, Ga. (CBS46) -- Anthony McCargo is free man today.

"I was in jail two and a half years."

He was sentenced to 35 years in prison back in 2016 after being accused of molestation by the child of his now ex-girlfriend.

A jury finding the now 58-year-old guilty of the crimes against him. But about two years after his conviction, one of those jurors came forward with a stunning story.

A bailiff at trial whispered to jurors that Mr. McCargo had been tried before, and it resulted in a mistrial.

The juror alleged, after that comment, the jury pool decided to "make it right for the little girl" and convict. The juror, who claimed she was a hold out, said she felt pressure to go along with it. 

"I just felt real sick," said McCargo in an exclusive interview. 

A judge freed him and he started fighting for a new trial. 

"I was really stunned how the judicial system could be so crooked," he says. 

This week, despite prosecutors objections, the state court of appeals upheld a lower court's decision to grant him that new trial. But there's no guarantee things will go his way.

He maintains he's innocent of the accusations. 

"The truth gonna come out. Justice gonna reveal itself in the right way." 

The Cherokee County District Attorney told us they intend to retry this case.

Copyright 2019 WGCL-TV (Meredith Corporation). All rights reserved.

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