Supreme Court sends Helmig case back to Osage County
Tue, 28 Jun 2011 21:49:50 GMT — Update: June 29 at 3:55 p.m.:
A central Missouri prosecutor says she has not decided whether to retry Dale Helmig for his mother's 1993 death.Grellner told The Associated Press on Wednesday she will first consult with the Missouri attorney general's office, which helped prosecute Helmig. The attorney general's office unsuccessfully appealed last November's ruling by a judge in DeKalb County that Helmig's first trial was improperly tainted.Original Story: Another set of judges has sided with Dale Helmig in his quest for full freedom.According to Helmig's attorney Sean O'Brien, The Missouri Supreme Court denied Attorney General Tom Koster's request in Koster v. McElwain to move the case out of the Western District Court of Appeals.Koster was fighting McElwain's Writ of Habeas Corpus that told courts to either release Dale Helmig or retry him.Helmig was convicted in 1996 of killing his mother. He was serving a life sentence until Dec. 2010 when he was released on an appeal.The ruling also begins the 180-day period Osage County has to decide whether they want to dismiss the charges against Helmig, or retry the case. Osage County Prosecutor Amanda Grellner will have to make that decision in the next six months.