New Trial Ordered For Ashley Carnevale

By Kelly McCarthy

December 20, 2012 Updated Dec 20, 2012 at 7:14 PM EDT

(WBNG Binghamton) Broome County will have to re-try a woman accused of taking part in a home invasion and murder back tin 2009.

The New York Court of Appeals ruled in favor of the defendant, Ashley Carnevale,25, of Kirkwood.

Ashely was with her husband when they went to a home in Windsor to steal prescription drugs.

Anthony Carnavale shot and wounded a man, and killed Jean Clark who was visiting.

The appeals court finds Ashely's lawyer did not provide meaningful representation.

The defense did not try get statements she made following her arrest thrown out.

The court said it appears she was interrogated anywhere from 7 - 11 hours without sleep.

It finds there was basis to question whether she voluntarily, knowingly and intelligently waived her right to counsel and understood her right against self-incrimination.

She has been serving a 15 year prison sentence since her conviction in a bench trial in 2010.