By Steve Tawa

By Steve Tawa

PHILADELPHIA (CBS) — A Philadelphia man who was convicted and sentenced to death in 2000 for murdering his little boys in an arson house fire more than 30 years ago is before another jury.

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His retrial was ordered by an appeals court, which ruled his first defense lawyer was “ineffective.”

Assistant DA Jude Conroy told jurors 56-year-old Daniel Dougherty “intentionally and maliciously” set the fire that killed his 3 and 4-year-old sons in 1985.

Conroy alleges it happened after a night of drinking, arguing with his live-in girlfriend who threatened to leave him, and his ex-wife who refused his sexual advances.

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READ: Jury Selection Under Way For Retrial Of Philadelphia Man

Conroy says fire experts point to three burn patterns from a couch, loveseat, and a table. Defense lawyer David Fryman told jurors it was a tragic accident caused by a “flashover,” perhaps a smoldering cigarette or a faulty electrical outlet.

The defense will call experts about fire science, and a flashover scenario in which smoke gets trapped by a ceiling, and at a certain point, everything flammable in a room ignites.

Prosecutors also say Dougherty confessed to police that night saying, “My name is mud, I should die for what I did”.

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The defense says they were just words from a “distraught, hysterical father.”