MADISON - A state appeals court on Wednesday reversed the conviction of a man serving prison time for sexually assaulting a young relative in 2003.

The District 2 Court of Appeals ordered a new trial for Adam J. Patterson in the interest of justice. In a 2-1 decision, the court said Patterson's 2005 conviction was tainted by hearsay evidence and faulty advice from his trial attorney.

A Racine County jury convicted Patterson, 33, of Naperville, Ill., of sexually assaulting his second cousin while he was babysitting her in January 2003. She was 12 at the time of the alleged assault.

Patterson was sentenced to eight years in prison and 12 years of extended supervision. He is currently being held at a state prison in Fox Lake, about 50 miles northeast of Madison.

"Yes, yes!" exclaimed Patterson's lawyer, Edward Hunt of Milwaukee, when he learned of the court decision. He said he would seek the release of his client, who maintains his innocence, pending additional proceedings in the case.

"I am overjoyed by the decision," Hunt said. "I feel justice was done by the appeals court. These are difficult cases for all concerned. I'm thankful that Mr. Patterson is granted a new trial."

The conviction was based largely on testimony from the girl and her mother. Prosecutors did not have physical evidence.

Her mother testified she found a love letter written to Patterson under her daughter's bed months after the alleged assault. The girl refused to talk about what happened, and her mother arranged for her to meet with their pastor. The mother testified her daughter told him about inappropriate sexual contact between the two.

The appeals court said that evidence amounted to hearsay and violated Patterson's right to confrontation since the pastor was never called to testify. A prosecutor repeatedly cited the evidence in closing statements, which prejudiced the jury, Judge Daniel Anderson wrote for the majority.

"This validation of (the girl's) claim came not only from an individual whose occupation would likely lend credibility and respect to his opinion, but from an individual who was not sworn under oath and who was not subject to cross-examination," Anderson wrote.

The conviction also was tainted by a legal error that caused Patterson not to take the witness stand, the court said. Patterson had previous convictions for crimes unrelated to sex. His lawyer wrongly told him prosecutors would bring those convictions up but he could not tell the jury their nature under state law, the court said.

As a result, Patterson said he decided not to testify for fear jurors would think he was a repeat sex offender.

The pastor's testimony and Patterson's failure to testify meant jurors were not able to correctly weigh witnesses' credibility, the key component of the case, Anderson wrote.

"The record as a whole guides our decision that the crucial issue of credibility was so clouded that it is likely the real controversy was not fully tried," he wrote.

In a dissent, Judge Richard Brown said use of the pastor's testimony was at most a harmless error since jurors heard from the victim herself. He would have let stand a decision that Patterson's lawyer miscommunicated but did not give incorrect legal information, he said.

Racine County District Attorney Michael Nieskes said he agreed with Brown's dissent. He said he was considering whether to appeal to the Supreme Court or to seek a new trial for Patterson.