JOHNSON CITY, Tenn. (AP) – A Johnson City man granted a new trial in the drowning his wife in a bathtub is due in court in the coming week.
The Johnson City Press reported that 58-year-old Dale Larkin is scheduled to appear before Senior Judge Jon Kerry Blackwood on Wednesday in Carter County.
District Attorney General Tony Clark says a hearing will likely be set to determine if testimony from a forensic pathologist may be used at a new trial.
The Tennessee Court of Criminal Appeals ruled there was insufficient evidence to support first-degree murder verdict because premeditation in Teri Larkin’s 2003 death could not be substantiated. The court sent back the case, ruling Larkin could be tried on no greater a crime than second-degree murder.
Larkin is free on $100,000 bond.
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