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updated: 12/19/2013 11:11 AM

Kenosha man's conviction in wife's poisoning vacated

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Associated Press

MILWAUKEE -- A federal judge has overturned a Wisconsin man's conviction for first-degree intentional homicide in the poisoning death of his wife.

The Kenosha News says Chief U.S. District Judge William Griesbach ordered that Mark Jensen be released from prison within 90 days.

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Jensen was convicted of killing his wife, Julie Jensen, with antifreeze in a highly-publicized Kenosha County trial in 2008.

He appealed, saying the state's use of his wife's note to a neighbor violated his constitutional right to confront a witness. The note said Julie Jensen suspected her husband would kill her and that if anything happened the neighbors should give her letter to police.

Jensen appealed his conviction first in state court and then at the federal level. The state can still decide whether to retry the case.

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