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Dale Helmig set free

Dale Helmig set free

December 14th, 2010 in News

AP Dale Helmig, right, talks with his brother, Richard Helmig, before leaving court in Maysville on Monday.

Photo by The Associated Press /News Tribune.

MAYSVILLE, Mo. (AP) - A 54-year-old former house painter whose murder conviction in the 1993 killing of his mother was overturned last month walked out of a northwest Missouri courthouse Monday free on bond pending the state's appeal of the reversal.

Dale Helmig had entered the DeKalb County Courthouse in the shackles and orange jumpsuit he wore for the trip from from the Crossroads Correctional Center in Cameron. He changed into street clothes before the hearing and beamed as he spoke to reporters outside after being released on $5,000 bond.

"It's a little overwhelming," Helmig said. "It feels great. I always knew I'd walk out a free man."

The first-degree murder charge remains in place because the state has said it plans to appeal the reversal of the verdict.

Missouri Attorney General Chris Koster has not taken a position on Helmig's guilt but has said it's appropriate for an appellate court to review whether the judge acted within his jurisdiction in tossing out the conviction.

On Monday, Koster issued a statement saying the $5,000 bond recommended earlier Monday by an appeals court was nearly unprecedented in a first-degree murder case.

Helmig began serving a life sentence in 1996 after being found guilty of murdering his mother, Norma Helmig. Her body was found tied to a concrete block in a flood-swollen river in central Missouri's Osage County.

His bond was set Monday by DeKalb County Senior Judge Warren McElwain, the same judge who cited prosecutorial zeal, false evidence and poor representation in overturning the conviction. McElwain called the case a "miscarriage of justice."

McElwain, who serves in the northwest Missouri county where Helmig is imprisoned, suggested in his November ruling that Norma Helmig's husband, Ted Helmig, was a more likely suspect than Dale Helmig. Ted Helmig and his wife were going through a bitter divorce at the time.

Their rift included an incident at a Jefferson City diner where Ted Helmig threw a drink at his wife - a dispute wrongly blamed on Dale Helmig at his murder trial.

New testimony presented earlier this year showed that Norma Helmig's purse - which washed up along the Missouri River six months after her body was found - included several personal checks canceled by her bank 10 days after her disappearance.

That scenario refutes the prosecution's account that Dale Helmig threw her purse out of his car window while driving back to a Fulton motel the night his mother went missing. Ted Helmig has consistently denied killing his wife.