Appeals court sides with Dale Helmig

Dale Helmig walking out of jail on December 13, 2010.

Three judges have sided with Dale Helmig.

The once-imprisoned man was freed late last year after a judge overturned his murder conviction.

On Tuesday, Helmig TMs lawyer Sean O TMBrien said the Western District Court of Appeals unanimously agreed with the judge TMs ruling.

The 3 judges ruled there was a failure to disclose evidence pointing to another suspect, and the jurors were improperly given extrajudicial evidence during deliberation.

While this is another step in keeping Helmig out of jail, it may not be the end of his court proceedings.

As stated in the 61-page court document released Tuesday, although the writ of habeas corpus vacated Dale Helmig TMs conviction, it did not exonerate Dale Helmig.

Dale Helmig remains a charged suspect in the murder of his mother eligible for retrial.

Helmig TMs brother, Richard, told KRCG Tuesday afternoon the Attorney General TMs office can appeal to the Missouri Supreme Court for a retrial.

According to the court documents, the state had 180 days from when the Writ of Habeas Corpus was released to retry Helmig. That would put the deadline at May 3, 2011.

However, in the most recent ruling, the court ruled the 180 days will restart. An official with the Western Court of Appeals said the court was being mindful of the pending deadline, and that the state didn't have much time left to decide whether to retry Helmig.

O'Brien said it could take up to a month for the 180 day timeline to start. It all has to do with if, or when, the attorney general's office files a rehearing motion.

Helmig was convicted of killing his mother, Normal Helmig, in 1996. He TMd been serving a life sentence for 1st degree murder until he was released on bond in December 2010.

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