She also rejected a defense request to hold a hearing to determine why the prosecutors withheld the report.
A judge called for a retrial, ruling that prosecutors had improperly withheld material that would have helped the defense.
A state judge ruled that witnesses had lied and prosecutors had withheld other evidence in the case.
A Federal judge described as "a sham" the defendant's 1924 trial in which a vengeful prosecutor withheld vital evidence.
The Judge said he made the decision because prosecutors had withheld information.
Last week, for the second time in five months, a state court threw out a death sentence because prosecutors had withheld important evidence.
While on death row, Gell was given an appeal after his attorney argued that prosecutors withheld key evidence.
Mason was glad to have learned one of the crucial pieces of information Harry and the prosecutor had withheld from him.
The evidence the prosecutors withheld was their relationship with two of the state's star witnesses.
But defense lawyers also protested that the prosecutors withheld some crucial evidence that undermined their case.