Court grants hearing on timing of appeal in 1989 murder of St. Paul woman

  • Article by: ROCHELLE OLSON , Star Tribune
  • Updated: August 19, 2010 - 9:00 PM

Gary Roby contends he appealed in a timely manner, saying he has new evidence that he wasn't the shooter.

The convicted shooter in the 1989 murder of a St. Paul woman received help Thursday from the Minnesota Supreme Court in his bid for a new trial.

In a unanimous decision written by Justice Helen Meyer, the court said Gary Roby is entitled to another hearing. Roby, who has unsuccessfully appealed his case twice since his conviction, claims he has new evidence showing that Marlizza McIntyre's best friend shot and killed her.

At issue in Roby's appeal is whether he filed his claim soon enough. The Supreme Court said it has insufficient evidence to make that determination. The court sent the case back to Ramsey County District Court for further consideration.

Several people went to prison for McIntyre's killing. Prosecutors said Lillian Dunn Simmons and Roby planned McIntyre's murder because Dunn Simmons was involved in a love triangle with McIntyre and a man and was jealous.

McIntyre's body was found in a car trunk. Police said she was killed several days before.

Prosecutors said Roby shot McIntyre while Dunn Simmons and three of Roby's brothers and sisters held her down on the kitchen floor of an apartment at 692 E. 4th St.

The star prosecution witness was Kenneth LeRoy Fisher, the then-boyfriend of Katie Bell, Roby's sister. He said he awoke to noise from the fracas in the kitchen and saw Roby shoot McIntyre.

Two teenage girls, both pregnant by Gary Roby at the time, say Dunn Simmons shot McIntyre. Roby contended Dunn Simmons planned and committed the killing.

He now says he has a 2002 letter from Dunn Simmons and a 2003 affidavit from her brother, both saying she was the shooter. And he says he has affidavits from others claiming that witnesses recanted their testimony.

Justice David Stras wasn't on the court when the case was heard and didn't participate in the ruling.

Rochelle Olson • 612-673-1747

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