Douglas Prade

Douglas Prade was sent back to jail on Friday.

(Adam Ferrise, NEOMG)

AKRON, Ohio — The former Akron police captain accused of killing his wife in 1997 and has since been the subject of some 16 years of appeals is heading back to jail.

Douglas Prade, 58, will stay in jail until the Ninth District Court of Appeals in Akron decides whether or not his original trial judge's order for a new trial is acceptable, Summit County Judge Christine Croce ruled on Friday.

The Ohio Supreme Court on Wednesday declined to hear Prade's appeal from the Ninth District that re-instated his 1998 conviction and sentence of life in prison for the killing of his ex-wife, Margo Prade.

"I'm pleased with the decision of the judge," Margo Prade's nephew Anthony Fowler said. "It's been a roller coaster ride, I wouldn't want anyone to go through this."

Summit County Sheriff's deputies led Prade, wearing a red polo shirt and blue jeans, from the courtroom after the short hearing.

All three rows of the courtroom were packed with family and friends of Margo Prade. Douglas Prade's sister and a family friend were also present, his attorney said.

Assistant Summit County Prosecutor Greg Peacock successfully argued that because the Supreme Court denied the appeal, that the Ninth District's order re-instated his aggravated murder conviction.

Peacock argued because the conviction is re-instated, he should be back in prison.

"He should not be free," Peacock said.

Prade's attorney, Brian Howe of the Ohio Innocence Project, argued that the order by now-retired Summit County Common Pleas Judge Judy Hunter that freed Prade in January 2013 also included a stipulation that if an appeals court overturned her exoneration, then Prade should be granted a new trial.

Prosecutors said that is at the heart of their appeal to the Ninth District Court of Appeals.

"He looks forward to defending himself in a new trial," Howe said after the hearing.

Howe said Prade was "disappointed" about going back into custody. Croce ordered that Prade spend the next 30 days in the Summit County Jail in case the Ninth District makes their ruling within that time frame.

She ordered that he be taken back to an Ohio prison after the 30 days are up.

Howe said Prade during his 18 months of freedom spent time visiting with family and rehabbing his Akron home.

"He was living a normal life," Howe said. "He was moving on with his life."

Prade was initially released from prison by Hunter based on new DNA analysis and other evidence indicating that he was not the killer.

Howe said on Friday that the DNA analysis shows the murderer bit Margo Prade, and DNA from that bite belong to another man, not Prade.

The Ninth District, however, reversed that decision, ruling that the evidence was far from conclusive and the common pleas judge abused her discretion.

Margo Prade, a 41-year-old physician, was found dead in her minivan outside her medical office on Nov. 26, 1997. She had been shot six times at close range, and the killer bit through her lab coat into her arm.

Douglas Prade, whom Margo divorced seven months before her death, was subsequently tried and convicted of aggravated murder, in part because of expert testimony by a forensic dentist matching him with the bite mark.

Prosecutors also painted a picture of Prade as a stalker who tapped his ex-wife's phones, verbally abused her, and threatened her.

Margo Prade's older sister, Veronica Sadler, said she's lost 40 pounds because of stress since Douglas Prade has been free from prison.

Another sister, Edith Shamberger, said she always checked to make sure to see if she was being followed.

"We have all been tortured by all that's been going on," Shamberger said.