Appeals court revives murder case against ex-CMU player

MOUNT PLEASANT, Mich. -- The Michigan Court of Appeals said a judge was wrong to dismiss key evidence against former Central Michigan football player Spencer Lewis in the beating death of a man outside a bar.

County Prosecutor Larry Burdick said Wednesday that he would seek reinstatement of second-degree murder and other charges against Lewis in the beating of Demarcus Graham on June 25, 2004. Graham died 19 days later.

Lewis was freed from jail and never went to trial after Isabella County Judge William Ervin ruled in April that statements Lewis made before taking a polygraph test could not be used against him.

The appeals court disagreed.

"Clearly, we thought it was critical to the case," Burdick said.

Four former players and another man pleaded no contest or guilty to various charges.