The murder indictment against George J. Carty III is expected to be dismissed Thursday in Cape May County Superior Court.
Carty, charged in the July 27, 1982, death of Lower Township resident John Attenborough, was first indicted in June 2008, nearly six months after he was arrested following a review of the cold case. The original indictment was thrown out by a judge in October 2009 because of a detective’s misleading statements made during the grand jury presentation, but a second grand jury re-indicted him days later.
Carty’s statement to police, however, was later ruled inadmissible, a decision the Prosecutor’s Office challenged.
Carty was held in the Cape May County Jail from December 2007 until December 2010, when his bail was reduced to $50,000 while the Supreme Court decided whether it would hear the appeal by the Cape May County Prosecutor’s Office.
The court announced in September that it would not hear the case.
The Prosecutor’s Office then submitted a dismissal order Sept. 30 stating that at this time there is “insufficient evidence” to pursue the case and Superior Court Judge Raymond Batten is likely to sign the order Thursday.
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