District attorney won't appeal retrial motion for Blagg

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GRAND JUNCTION, Colo. The Mesa County District Attorney's Office has decided it will not appeal Judge David Bottger's decision to grant convicted murderer Michael Blagg a retrial.

Blagg was convicted in 2004 of murdering his wife Jennifer and he was sentenced to life in prison.

However, Judge Bottger ordered the retrial deciding that juror Marilyn Charlesworth was found to have lied on a questionnaire when asked about being the victim of domestic violence before the 2004 trial.

"Presently the case needs to be remanded back from the Court of Appeals because this case was on appeal on other issues at the time this latest motions for a new trial came up," Assistant District Attorney Rich Tuttle said. "So the Court of Appeals has to send back the entire case so we can set a new trial."

Blagg is still in custody at the Department of Corrections until the case comes back to Mesa County.

When Blagg returns, there is the possibility that he could post bond before the retrial begins, but it could be months before that happens.