ST. PAUL  (AP) - The Minnesota Court of Appeals has thrown out the indictment against one of two brothers accused of killing their sister in 1998 at their home near Bagley in northwestern Minnesota.

The court this week dismissed the second-degree murder charge against Troy Martin. It said the grand jury would not have indicted him if not for improperly admitted evidence and prosecutorial misconduct.

Investigators were stymied by the killing of 31-year-old Leisa Martin, whose body was found in the woods in Mahnomen County, for 11 years until her other brother, Todd Martin, confessed during a drunken driving arrest. The brothers were accused of unintentionally causing her asphyxiation death while holding her during a night of drinking and arguing.

Charges against Todd Martin are still pending.

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