Imperial County--Two cousins found guilty in a high profile murder case a couple of years ago may have a chance for a new trial.
The cold case stems back in 2003.
Floyd Lavender and Michael Gains were convicted in May 2010 for the 1st degree murder, torture and kidnapping of a 14-year old girl from Palm Desert.
The victim was identified as Courtney Bowser whose body was found in a canal north of Holtville in 2003 but she wasn't identified until 2006.
Bowser was said to be a runaway and was among a group of kids in a Palm Desert apartment.
Court documents state the defendants were convicted of torturing her during a night long search for stolen traveler's checks.
But earlier this week, California's fourth appellate district court reversed an Imperial County jury's conviction of the cousins citing misconduct.
The defense for Lavender and Gaines claimed there wasn't enough evidence to support a conviction and that the jury engaged in prejudicial misconduct because the jurors inferred during deliberations that the defendants did not testify on their own behalf.
The appellate court stated though there was sufficient evidence in which a jury could have found the defendant's guilty and their misconduct was prejudicial and therefore reversed the judgement, remanding the case for a new trial.
The appellate courts decision to reverse Lavender and Gaines murder conviction will not be final for 60 days.
The case could go to the supreme court.
We put in calls to the Imperial County District Attorney's Office and appellate counsel Rebecca Jones seeking comment but so far our calls have not been returned.
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