Judge reviewing motion to dismiss charges against Brent Burke

ELIZABETHTOWN, KY (AP) - A judge is considering whether a motion to dismiss murder charges against a former Fort Campbell soldier was properly filed.

The action came Tuesday after an attorney representing families of the two victims argued in a court hearing that the prosecutor didn't consult them before filing a motion to dismiss the charges against Brent Burke.

Hardin County prosecutor Chris Shaw said he sent a letter to the families last week saying a conviction is unlikely with the current evidence.

Four attempts at prosecuting Burke have failed. The first two ended in a mistrial and the last two ended with hung juries.

Burke has pleaded not guilty to murder in the 2007 shooting deaths of Tracy Burke and her former mother-in-law Karen Comer in Rineyville.

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