Ex-Ohio cop freed in killing can stay free for now

CINCINNATI (AP) — A former Ohio police captain released after nearly 15 years in prison for his ex-wife’s killing can remain free as the state’s highest court considers whether to take on his case, the court ruled today.

The Ohio Supreme Court ruling will allow former Akron police Capt. Doug Prade to stay out of jail until at least the summer, when the court is expected to decide whether to consider Prade’s appeal of a lower court’s March ruling.

That ruling, by Ohio’s 9th District Court of Appeals in Akron, found that Summit County Judge Judy Hunter was wrong to free Prade in January 2013 based on bite-mark DNA testing.

Judge Hunter found that there was convincing evidence of Prade’s innocence based on DNA tests of a bite mark found on the lab coat of Prade’s ex-wife, Margo Prade. The tests showed the DNA did not match Doug Prade.

But the appellate court said the DNA testing raised more questions than answers and that Prade’s original conviction was based on overwhelming circumstantial evidence.

If the Supreme Court takes the case, Prade would remain free as the justices weigh whether to overturn or uphold the 9th District’s ruling.