ELIZABETHTOWN, KY (WAVE) - After four mistrials, Brent Burke, the man accused of killing his estranged wife and her former mother-in-law in September of 2007, could be set free later today.
Hardin County Commonwealth's Attorney Chris Shaw is scheduled to appear in court today where he is expected to drop all charges.
Burke's own children have testified against him during the four trials, but he was never convicted. He has remained jailed since his arrest, but says he did not kill Tracy Burke or her former mother-in-law, Karen Comer.
Tracy Burke's mother, Patricia Wilburn, expressed her frustration in a letter when she learned Shaw didn't plan to pursue a fifth trial.
"How can Chris Shaw make such a reckless decision without involving any of the victims' families? He obviously has no conscience or he would realize what a devastating impact this will have on everyone - most importantly, the children."
Shaw filed the motion to dismiss the charges without prejudice on June 16. That means he can refile them at any time in the future. There is no statute of limitations for murder in Kentucky.
The hearing was set to begin at approximately 1:30 p.m. Stay with WAVE 3 for continuing coverage of this story.