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DA Considers Next Step After Cold Case Conviction Is Overturned

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Kevin Elmarr, left, Carol Murphy (credit: CBS)

Kevin Elmarr, left, Carol Murphy (credit: CBS)

BOULDER, Colo. (CBS4) – A man from Longmont in prison for the death of his wife could go free.

It’s been more than two decades since Carol Murphy was found dead. Her body was dumped on a trail in Boulder County’s Left Hand Canyon.

Her husband Kevin Elmarr, who was always a suspect, wasn’t tried and convicted of the crime until 2009 when the development of DNA evidence warranted his arrest.

He has been held inside the Sterling Correctional Facility ever since, but he could be on the verge of freedom.

“The court of appeals made the decision that the trial judge made a mistake by excluding certain evidence, which is a fairly technical position for the court to take,” Boulder County District Attorney Stan Garnett said.

Garnett says that while it’s rare for a conviction to be overturned, it does happen. In this case, the crime was considered to be a cold case, which can be difficult to get to trial in the first place.

“They take a lot of resources and a lot of commitment out of the police agency, the detectives who work these cases,” Garnett said.

Garnett’s office will now decide whether to take the case to the Colorado Supreme Court or ask for a retrial.

“Clearly we felt this case could proceed before. Twelve people from the community felt he was guilty. We’ll now evaluate the evidence and decide what to move forward with,” Garnett said.

Kevin Elmarr (credit: Boulder County Sheriff)

Kevin Elmarr (credit: Boulder County Sheriff)

The DA’s office has 45 days to make that decision. In the meantime Elmarr will stay in custody with the Department of Corrections.

RELATED: Colorado Appeals Court Overturns Murder Conviction

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