Suffolk County District Attorney Ray Tierney said he will retry the case against the woman who ran over and killed anti-gang activist Evelyn Rodriguez at the site of her daughter’s murder.
"We intend on moving forward with the case," he told Newsday after Ann Marie Drago appeared in court Monday.
An appellate court overturned her 2020 conviction for the death of Rodriguez. The court found that prosecutors made inappropriate statements in their closing arguments.
Rodriguez was the mother of Kayla Cuevas, who was allegedly murdered by MS-13 in 2016. Drago ran over Rodriguez after an argument at a memorial on Drago’s street on the second anniversary of Cuevas’s death.
Drago was released on her own recognizance. She is due back in court on Sept. 28.
