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YORK, Pa. – A Pennsylvania man has been freed on a $1 bail while he waits for a retrial for his wife’s death about a decade ago.

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According to The Associated Press, a York County judge’s decision to allow Joseph Fitzpatrick III, 49, to be freed on a $1 bail was upheld by an appeals court earlier in the week.

Fitzpatrick allegedly drowned his wife, Annemarie Fitzpatrick, 43, in a creek in June 2012 and told police that their ATV crashed. The AP said that he was initially convicted of first-degree and third-degree murder, along with involuntary manslaughter back in 2015. He was sentenced then to life in prison.

However, the Pennsylvania Supreme Court in 2021 ordered a new trial. The supreme court said that Fitzpatrick “might not have been convicted without the admission into evidence of a note from his wife, which the court called inadmissible hearsay that injected “significant prejudice” into the trial,” said the AP.

Authorities believed that Fitzpatrick wanted out of his marriage, had been involved with another woman emotionally, and had taken out a $1.7 million life insurance policy on Annemarie. Prosecutors also said that Annemarie had written a note and an email before her death, which said that if anything were to happen to her, to look at Joe, according to the AP.

The judge in the latest trial said that prosecutors didn’t show “enough evidence to support a conviction,” according to the AP. An appeals court allowed the note as evidence to show Annemarie’s state of mind but the email wasn’t admissible. The Pennsylvania Supreme Court majority said that the note showed her fear but it “asserted” that Fitzpatrick was to blame and having it as part of the case was to create “inadmissible hearsay,” said the AP.

Fitzpatrick has been ordered to live with his parents, wear a GPS monitoring device and is not allowed to travel outside of the U.S., according to the AP.