Tennessee prosecutors said on Friday that they will likley retry a former central Ohio woman.
Margo Freshwater escaped from a Memphis prison where she was held after being convicted of fatally shooting Hillman Robbins during a liquor store robbery in 1966.
After escaping prison, Freshwater, who was 18 at the time of the murder, moved to Columbus where she lived for more than 30 years under the guise of Tonya McCartor until she was apprehended in 2002.
In May, the Tennessee Court of Criminal Appeals said jurors who convicted Freshwater did not know about a letter written by a cellmate of her co-defendant, Glenn Nash. Nash was found incompetent to stand trial but, according to his cellmate, claimed he was the only shooter.
The Court of Criminal Appeals ruled jurors may have judged Freshwater differently had they known.
The Tennessee Supreme Court declined to hear the case, meaning a lower court ruling that Freshwater is entitled to a new trial.
"I know the person who she really is, she could not have committed that crime they said she did," said Freshwater's husband, Daryl McCartor, in 2002 "She was a victim of circumstances."
Now, with a retrial possibly in sight, Freshwater's family members stand behind her.
"I'd put my arms around her, give her a big hug, kiss her, say I love you," said Phil Hudkins, Freshwater's son.
“Our initial feeling is that it will be retried, but we’ll have to see what’s there,” said Shelby County Deputy District Attorney John Campbell. “I just haven’t had a chance to digest the Tennessee Supreme Court’s decision yet, but that’s our plan at this point. We’re still early on in that decision.”
10TV News spoke with Freshwater's attorney on Friday morning, who said his client will have no comment until prosecutors rule on a possible new trial.
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