No ruling yet for Charles Wilhite - Western Mass News - WGGB/WSHM

No ruling yet for Charles Wilhite

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Convicted murderer Charles Wilhite, who was recently granted a new trial, was back in court on Thursday for a motion to dismiss the murder charge.

The judge did not make a ruling on the motion because he needs time to review grand jury testimony and consider the arguments that were presented by lawyers.

"We believe that justice will arrive, it is just slow and we are used to these continuances that get approved time and time again," said Wilhite's aunt, Vira Cage.

It's been 1,100 days since Wilhite was sentenced to life in prison without the possibility of parole for the 2008 murder of Alberto Rodriguez. Since that time family members and supports have been vigilant in their pursuit to prove that Wilhite is innocent.

"It's been hard," said Wilhite's mother Sheila Drungo.

Back in May a judge granted Wilhite a new trial after a key witness recanted his statement identifying him as the shooter. And, Thursday family had hoped that he would be released during a hearing filed to dismiss the murder indictment.

"I just looking forward to him being able to come home today, I was expecting them to make a decision today," Drungo said.

The defense is fighting to have the charges dropped on the basis that there is not enough evidence to link Wilhite to the murder. But the Commonwealth says otherwise. They say they have a strong case against him.

The case will be back in court next Thursday for a discovery motion. The new trial for Wilhite is scheduled for January.

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