AKRON, Ohio -- A Summit County judge ordered former Akron Police Captain Doug Prade to go back into the state's prison system as he awaits word on whether he will get a new trial.
Prade was convicted in the late 1990's of killing his ex-wife, Dr. Margo Prade.
He was freed last year, after a now-retired judge ruled DNA evidence entitled him to a new trial.
But an appeals court disagreed, and Prade was ordered back behind bars in Summit County.
Now, Judge Christine Croce says "because of the time involved" until new decisions are made in the case, Prade should return to the state's prison system.
Judge Croce says she will review all the evidence before deciding if Prade should get a new trial.
Meantime, Prade's lawyers are pursuing a second track through the Ohio Supreme Court.
His attorneys say the original judge's decision to give Prade another trial was a "final order" that must be followed.
An appeals court disagreed, and now the Ohio Supreme Court must decide if it will hear that issue.
The families say the waiting is incredibly difficult.
"I pray for justice," says Doug Prade's sister, Yvonne, who sees that as her brother being set free.
But Tony Fowler, Margo's nephew, says Prade is where he belongs, saying his Aunt Margo "didn't deserve that."
Croce acknowledged what she termed the legal "ping-pong" of the case.
It could be months before the Ohio Supreme Court decides whether to take the appeal.