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Last updated on Tuesday, March 20, 2007
(UNDATED) - The Indiana Court of Appeals says prosecutors can use an assortment of bloodstain evidence to try to prove a rural Randolph County man murdered his wife.
Robert Foy was charged in 2004 with the murder of his wife Diane. But the case has been on hold for 14 months after Randolph Circuit Judge Jay Toney threw out more than 60 items of evidence seized from the Foys' house.
Toney ruled a search warrant seeking "any and all trace evidence" wasn't specific enough. A unanimous appeals court says the microscopic nature of the specimens in question makes it impossible to list specific items in advance.
Foy claims he found his wife face down in a pond near their home. Sheriff's deputies say there was no water in her lungs and the body was dry.
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