The defense team for Pam Bartley was able to get evidence obtained by three search warrants thrown out of the case meaning a jury will never hear it and the prosecution agreed with her attorneys.

Carl Bartley was found murdered in his Montgomery County garage back in 2007, his wife Pam Bartley was later arrested for the crime.

Police collected evidence from a car and the home but for some reason that was not disclosed the evidence was thrown out, without a fight from the Commonwealth's Attorneys.

Prosecutor Gail Rose says they have enough evidence to convict Pam Bartley of murder without the evidence collected with the search warrants.

The body of Carl Bartley was found under a number of boxes and blankets in an apparent attempt to hide the body. Police were able to get fingerprints from the boxes. A judge ruled the fingerprints will be allowed to be used as evidence in this case.

The trial is scheduled to start December 7th, in Rowan County.