DESOTO COUNTY, MS (abc24.com) - Charges are dropped against a former Memphis police homicide detective accused of murdering his wife. Brooks Kelton Green is free and clear without going to trial.
His wife Charlotte Green was gunned down in their Mississippi home almost two years ago. The murder is one of DeSoto County's biggest cases, but the prosecutor says there's not enough evidence.
There are no witnesses, no murder weapon, no confession, and now, no case.
The case was first set for trial last month then delayed until September. Now it's being dropped all together.
"In 19 years I've never gone forward on a case in which I have doubts," says District Attorney John Champion. He has too many doubts this time. Champion says there's simply not enough evidence to prove Green killed his wife Charlotte.
"When you look at the whole picture, at what physical evidence I had to tie him to this to help me meet that burden of proof, it just wasn't there," he tells abc24.com.
"We're elated the charges were dropped," says Green's lawyer Steve Farese. He believes his client was targeted the moment he called 911. "They interviewed him five times. His story never varied."
Charlotte was murdered at the Green's Nesbit home in August 2010, shot several times through a window as she sat using a computer.
Green told investigators he was sleeping. The DeSoto County Sheriff's Department arrested him for the crime eight months later.
"There was no motive for Mr. Green to do this," Farese says. "They'd been married 50 some odd years, happily married."
"A large part of what our case was based on was forensic evidence," Champion says. It's not as strong as he had hoped.
Charlotte was killed around nine o'clock at night. Neighbors didn't see a thing. The gun was never found.
Green worked as a Memphis police officer for 24 years, six of those as a homicide detective.
"I think they (investigators) put blinders on from the start," says Farese. "They said 'Hey we've got a guy that's a former homicide detective. He's owns a lot of guns. He rides motorcycles.' But they had the wrong guy. There is a killer out there."
"There's no doubt someone did it," Champion agrees. "I'm not saying my personal opinion whether Kelton did it or not. That's not for me to decide."
A judge still needs to sign an order to make it official. The charges are being dismissed without prejudice; that means if new evidence is found in the future the case can still go to trial.
Champion says that's what it's going to take: plenty of new evidence.