KENOSHA, Wis. (AP) — A Wisconsin man found guilty in his wife’s death after prosecutors said he poisoned her with antifreeze could go free after a bail hearing.

The hearing Wednesday comes after an appeals court ruling upheld a federal judge’s decision to overturn Mark Jensen’s 2008 conviction, setting up a retrial in Kenosha County.

The three-judge panel of the 7th U.S. Circuit Court of Appeals said last year that a handwritten note from Jensen’s wife, Julie — which said “if anything happens to me, he would be my first suspect” — was improperly accepted into evidence.

The decision stated that the letter, written two weeks before her 1998 death in Pleasant Prairie, violated Mark Jensen’s constitutional right to face his accusers.

Attempts to reach prosecutors for comment weren’t successful.

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