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The Colorado Court of Appeals has upheld the ruling of a lower court that a confession may not be used against Herbert Frye, who is accused of murdering his wife in 1973.

Mr. Frye, represented by Gary Lozow, was indicted in 2006 after his sister came forward to prosecutors that her mother told her before passing away, that Mr. Frye had confessed to the murder.

In Arapahoe County District Court, a judge ruled that the sister could not testify about the confession because it was hearsay. The charge against Frye was dropped but the ruling was appealed.

A three-judge appeals court panel upheld the ruling, citing that there wasn’t evidence of the circumstances under which the alleged confession took place. The panel also noted that it wasn’t clear what Frye’s mother’s mental state was at the time the she told Frye’s sister of the confession and that Frye and his sister have had “ill feelings” toward each other for years.

Gary Lozow, a Colorado Criminal Defense Attorney who represents Frye, described the decision as “thoughtful and appropriate,” stating, “Spending further resources on this matter is not justified. Hopefully, the people will abide by the decision of two courts on this matter.”