A man from Ellington who was charged with the murder of his wife is looking to get that charge dismissed.
Richard Dabate's attorney, Hubie Santos, said his client filed the paperwork on Wednesday under the claim that probate court is already accusing him of murder when he's innocent until proven guilty.
Richard Dabate is accused of killing Connie Dabate just days before Christmas in 2015.
He was arrested this past April.
He was the executor of his wife's estate until he was removed over the summer.
Paperwork showed that he cleaned out his wife's accounts.
Santos, however, said his client is entitled to that money to provide for his children.
Richard Dabate was ordered to tell the court what he did with that money, $77,000, but has not. Santos said his client "has refused to do so because he has the Fifth Amendment right to remain silent."
In the 49-page arrest warrant, state police used Connie’s fit bit technology, the couple's personal computers, their home security system, the gun he owned and what he told the police to tie him to the crime.
A judge will hear this motion but no date has been set yet.
The court clerk says they'll know more as it gets closer to trial time. A pre-trial hearing is set for mid-January.
Moving forward, if a judge grants this motion, a legal expert said the case is over, but then the state can come back and file a motion.
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