FRANKLIN, Tenn. (AP) - A judge overturned the conviction of a Tennessee man on charges of sexually abusing his stepdaughter, saying he couldn't sleep if he allowed an innocent man go to jail.

A jury convicted Malcolm Dudley Thomas on Saturday, but after the jury left, Williamson County Circuit Court Judge R.E. Lee Davies said the stepdaughter was not credible and overturned the jury's decision.

The 50 year-old man was acquitted on one charge of aggravated sexual battery of a child who is 13. Davies granted him a new trial on a second charge of aggravated sexual battery.

Davies recommended the state prosecutors re-evaluate the case, which the judge said didn't include an interview with the defendant or the victim's mother.

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