Murder case could rely on controversial evidence

JOHNSON CITY, Tenn. - The future of a Johnson City murder case is in the balance.

If prosecutors lose an appeal, their most critical evidence won't be allowed, and the case likely won't move forward.

District Attorney General Tony Clark tells News 5 they are appealing Judge John Kerry Blackwood's ruling that all evidence, pictures, and testimony based on a second autopsy of Terri Larkin's body not be allowed in court.

Terri's husband, Dale Larkin, was convicted in 2011 of murdering her in their Johnson City home. The conviction was overturned on appeal based on comments the trial judge made during the case, and the fact that an expert pathology witness had previously been hired by the defense in a civil case.

District Attorney General Tony Clark says if they are not allowed to use forensic evidence the pathologist collected, the case has little evidence to move it forward.

Larkin is currently out of jail on bond waiting on a new trail.

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