A judge in Ohio will decide whether a former police captain who was exonerated in his ex-wife's killing will go back to prison.
The judge set a hearing for Thursday in Akron after an appeals court reversed the ruling that freed the former officer.
The ruling handed down Wednesday says a lower court was wrong to release former Akron officer Douglas Prade after he spent nearly 15 years in prison in his ex-wife's killing.
The ruling came a little more than a year after Prade was freed based on new testing of a bite mark. The lower court ruling in January 2013 found that the DNA test results proved Prade didn't kill his ex-wife.
The appeals court disagreed, saying the test raised more questions than answers.
"Without a doubt, Prade was excluded as a contributor of the DNA that was found in the bite mark section of Margo's lab coat," the ruling said. "The DNA testing, however, produced exceedingly odd results."
Each sample produced completely different results, the appeals court said. "While it is indisputable that there was only one killer, at least two partial male profiles were uncovered within the bite mark," the ruling said.
Summit County Prosecutor Sherri Bevan Walsh said she will seek a warrant to have Prade returned to prison. The prosecutor's office didn't know where he is currently living.
"In order to be exonerated, Prade and his attorneys needed to show clear and convincing evidence of his innocence - not simply create doubt," Walsh said. "They failed."
A message seeking comment was left with Prade's attorney. Prade has maintained his innocence.
Prade was convicted in 1998 of shooting his 41-year-old ex-wife, a family practitioner, inside her van on the parking lot of her Akron office. There were no witnesses and no fingerprints, and no gun was found after the November 1997 shooting.
A test of the lab coat fabric showed it contained at least two and as many as five DNA profiles and none matched the former police captain's DNA.
A Summit County assistant prosecutor told the appeals court in August that the findings showed a possibility that the bite mark evidence was contaminated, perhaps before Prade was convicted and sentenced to life in prison with parole eligibility in 26 years.
"The only absolute conclusion that can be drawn from the DNA results, however, is that their true meaning will never be known," the 71-page appeals court ruling said.
Prade's attorney said at the August hearing that new tests based on improved technology found only that the DNA came from a male, but not Prade.
Last month, Prade filed a lawsuit in federal court against current and former police officers, claiming he was framed.
He said after his release that he wanted to spend time with grandchildren he had never met and work with the Ohio Innocence Project, the group that helped free him, on cases of wrongfully convicted inmates.
"I'm just a jumble of emotions right now," he said then.