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Decision in Dale Larkin case delayed

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UPDATE:  July 5th 9:23 am

Dale Larkin will now have to wait even longer to find out whether or not he will go to trial again for the murder of his wife.

A judge had set today at noon as the deadline for the district attorney's office to make a decision in the case, but prosecutors requested and were granted a delay while they wait for the Tennessee Attorney General's Office to provide a legal opinion in connection the case.

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UPDATE:  June 20th 11:05 AM

Within the next three weeks, Dale Larkin will know whether or not he will go to trial again, this time on a charge of second-degree murder.

An appeals court overturned Larkin's previous first-degree murder conviction back in March.

He is accused of the 2003 murder of his wife, Teri, who was found in the couple's bathtub.

In the months since the appeals court's decision, Larkin has remained free on bond.

District Attorney Tony Clark tells us the judge has set July 5th as the deadline for prosecutors to make a decision about the future of this case.

 


 

UPDATE:  April 2  8:33 AM

An employee with the Washington County, Tenn. detention center confirmed Dale Larkin bonded out of jail Monday night.

The employee said his bond was $100,000.

A jury found Larkin guilty of first-degree murder, but the Tennessee Court of Criminal Appeals reversed his conviction.

Larkin is accused in the 2003 murder of his wife, Teri, who was found in the bathtub of their home. Prosecutors argue the man drowned her to collect insurance money.

Larkin has maintained his innocence all along. Now, he will be allowed to wait for a decision about the future of his case from outside a prison cell.

News Channel 11 spoke with Teri's ex-husband, Tony Gentry, Tuesday morning.

He said Teri's daughter, Tia Gentry, is not handling the news of Larkin's release well.

Tia told News Channel 11 back in 2009 she believed Larkin killed her mother.


UPDATE April 2  12:05 AM

A source close to the Larkin family tells News Channel 11 Larkin was transported to Jonesborough and released on bond late Monday.

News Channel 11 called the Washington County Detention Center Monday for confirmation.   Messages left with the supervisor were not immediately returned.

As of 12:00 AM Tuesday, the TN Department of Corrections website still lists Larkin as incarcerated.

 


 

 

UPDATE: April 1 9:40 PM

According to the Tennessee Department of Corrections website, Dale Larkin was still incarcerated as of 9:30 PM Monday.

Larkin's attorney Johnathan Minga said his client could be out of prison by the end of Monday.

 


UPDATE:  April 1st, 2013, 12:20 pm

A jury found him guilty of first-degree murder, but now that an appeals court has overturned that murder conviction, Dale Larkin should be out of prison by the end of the day.

Larkin's attorney Johnathan Minga tells us a judge reinstated Larkin's previous $100,000 bond Thursday after the Court of Criminal Appeals reversed his conviction. Larkin would have been released from a Nashville prison Friday had most offices not been closed for the Good Friday holiday, Minga said.

Larkin is accused in the 2003 murder of his wife, Teri, who was found in the bathtub of their home. Prosecutors argue the man drowned her to collect insurance money.

Larkin has maintained his innocence all along. Now, he will be allowed to wait for a decision about the future of his case from outside a prison cell.

Prosecutors need to determine if they want to appeal the appeals court's ruling and if they want to try Larkin again, this time on a second-degree murder charge.

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The Tennessee Court of Criminal Appeals reversed the first-degree murder conviction of Dale Larkin today. He is the Johnson City man convicted of killing his wife Teri back in 2003.

In February 2011 a jury convicted Larkin after prosecutors argued he drowned his wife in the bathtub so he could collect her life insurance money. Larkin took the stand in his defense and maintained his innocence during the trial. He was ultimately sentenced to life in prison.

However, now the Court of Criminal Appeals says he can be tried again, but only on the charge of second-degree murder. The appeals court also reversed Larkin's conviction of insurance fraud and dismissed that charge. The Court of Criminal Appeals filed its opinion today.

"We have determined that the trial court failed to exercise its mandatory duty to act as a thirteenth juror in this case; that the trial court committed reversible error in failing to exclude Dr. Mileusnic as a witness for the state; that the State failed to adduce sufficient proof to establish that the Defendant killed the victim with premeditation; and that the State failed to adduce sufficient proof that the Defendant committed insurance fraud as charged in this case," the ruling reads.

District Attorney Tony Clark says it's now up to the Tennessee Attorney General's Office to decide whether or not to appeal the decision all the way up to the Tennessee Supreme Court. According to Clark, prosecutors locally will have to make a decision about whether or not they'll pursue a new trial.

"We are still thinking about it," Clark said. "We're disappointed. I'm sorry for the family and the family may have to go through this again. It was sort of a shock and we're going to have to address a lot of different issues. Our intention is, if we're allowed to go forward and use our witnesses and they say it can be tried on a second-degree charge, we'll do that."

Larkin's attorney intend to file a motion for bond today, meaning if granted, Larkin could be released from the Riverbend Maximum Security Institution in Nashville before Easter.

"As of now, he's not guilty, because they reversed the conviction," defense attorney Johnathan Minga said. "Basically, he's back at the pre-trial stage. He's maintained his innocence this whole time and so have we. We truly believe he's innocent. We're thrilled."

Larkin's other attorney, Mark Slagle, passed away earlier this month.

Copyright 2013 WJHL. All rights reserved. 

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