AKRON -- Summit County Prosecutor Sherri Bevan Walsh announced Wednesday that the Ohio Supreme Court declined to hear former Akron Police Capt. Douglas Prade's appeal.
The court also denied Prade's motion to extend his stay. The Supreme Court had temporarily stayed (halted) a Ninth District Court of Appeals ruling that would return Prade to prison.
"The Appellate Court and now the Supreme Court both agree with us that Judge Judy Hunter abused her discretion when she overturned Doug Prade's conviction," said Prosecutor Walsh. "Doug Prade terrorized his estranged wife Margo before killing her shortly before Thanksgiving in 1997. We intend to return Prade to prison, where he belongs."
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The Ninth District Court of Appeals released an opinion on March 19 overturning Judge Judy Hunter's ruling that Prade was wrongfully convicted. The appellate court has not yet decided whether Judge Hunter's order for a new trial is valid.
The Summit County Prosecutor's Office has asked the court for permission to appeal the order for a new trial, if that order is valid. If the court finds that the order for a new trial is not valid, then Judge Christine Croce will decide whether to order a new trial.
Walsh filed a motion in Summit County court Wednesday just minutes after the Supreme Court ruled against Prade. He was imprisoned for the slaying for 15 years before a judge ordered him released last year on the basis of bite-mark DNA testing.
An appeals court said earlier this year the DNA testing raised more questions than answers, and Prade's original conviction for Margo Prade's 1998 death was based on overwhelming circumstantial evidence
Prade was convicted of murdering his ex-wife Margo. On Jan. 29, 2013, after nearly 15 years behind bars, a judge ordered he be released based on new DNA evidence.
Prosecutor Walsh today filed a motion requesting Prade be returned to prison.
Judge Croce will hold a hearing on Friday, July 25 at 1:30 p.m. to determine whether to set bond or return Prade to prison.