FULTON COUNTY, OH (WTOL) - Prosecutors have appealed a decision to toss out a murder charge against a man indicted for the murder of a Fulton County girl.
In fact, prosecutors told a three judge panel Wednesday why Walter Zimbeck needs to go to trial for murder.
Zimbeck, 43, who now lives in Tennessee, was indicted last year for the murder of Lori Ann Hill, a Fulton County girl who was found naked, raped and beaten to death in 1985.
Earlier this year, a Fulton County judge dropped the murder charges against Zimbeck saying that length of time was unfair and prejudicial.
Also, the judge said no physical evidence was found against him, that Zimbeck passed a polygraph test during the initial investigation and that no witnesses could corroborate his alibi because they could not be located.
Zimbeck's attorney claims there was no new evidence that surfaced when Toledo's Cold Case Unit took on the case in 2008.
"The records and the pleadings in this case are clear evidence that we have a novice prosecutor, new to the criminal arena, who probably became enamored with the glamour of our cold case unit appearing on 20/20," said defense attorney Greg Van Gunten.
However, prosecutors argue the delay in indicting Zimbeck was justified because new evidence was collected in 2008.
"They confront him with inconsistent statements," said Fulton County Prosecutor Scott Haselman. "During that interview, he admits that both statements he gave in November of 1985 were bold faced lies."
Prosecutors say new witnesses have come forward who claim to have seen Zimbeck and Lori Ann together the night she died. They also say he had scratch marks on him the day after she died and that he told his mother he was going out to look for Lori Ann before she disappeared.
The sixth district court of appeals will likely make its decision in the next few months.
