Monday morning the Colorado Supreme Court overruled a Mesa County Judge's decision that removed the District Attorney's Office from trying attempted murder suspect Samuel Lincoln.
In March the defense filed a motion for a special prosecutor because some of the attorneys at the DA's Office had represented a few of the potential witnesses in the case. The defense argued that was a conflict of interest. Judge Diester agreed, but the Supreme Court overturned his ruling saying special circumstances didn't exist in this case to qualify the DA's Office.
Deputy District Attorney Tammy Eret says her office is pleased with the Supreme Courts decision and they will prosecute as planned.
Lincoln is accused of shooting James Finnegan six times and leaving him for dead in the desert north of Grand Junction in November of 2005.