COLUMBUS, GA (WTVM) - A judge has squashed Michael Curry's main defense.
Curry is accused of slaying his pregnant wife and two small children with a bush axe inside their Columbus home back in the 1980s.
From the beginning, Curry's defense team has argued that his right to a speedy trial and due process was violated by the 24 year delay between the date of crime on August 29, 1985 and his arrest in May 20, 2009.
In an order that came down Monday, Chief Muscogee County Superior Court Judge John Allen denied the motions to dismiss Curry's indictment, saying he has found "no actual prejudice or purposeful delay on the part of the state" that impacts Curry's ability to defend himself.
Allen says any alleged "specific harm" has been addressed and refuted.
Curry's attorneys pointed out two witnesses who would be able to help his case have passed away since the killings- the then coroner J. Donald Kilgore who died in 2000 and the Medical Examiner who died in 1989. According to the judge's order, an existing police report reflects that both potential witnesses estimated the "time of death to be between 1430 hours and 1500 hours"- evidence that would allegedly support Curry's alibi that he was not home at the time of the murders.
Judge Allen says evidence that Curry was elsewhere has not been presented at hearings nor in briefs or supporting documents and finds it a "non issue."
Defense lawyers for Curry also pointed out there's a missing witness in the case who may have confessed to the crimes but police reports are missing. Allen says the witness has been located and is in the process of being interviewed and the detective who took the report is available to testify to its contents.
Lastly, Curry's defense team, headed up by public defender Robert Wadkins, said a palm print taken at the crime scene was missing but the judge's order indicates "all requested palm print evidence has been provided and made available for his independent expert testing."
District Attorney Julia Slater has not revealed what new evidence that state has uncovered to charge Curry with the murders after so many years.
Michael Curry has been granted a bond but he remains in the Muscogee County Jail awaiting trial.
A trial date has not been set.