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German man accused in wife's death seeks dismissal

Monday - 11/4/2013, 12:19pm  ET

Associated Press

WASHINGTON (AP) -- A German man charged in the death of his 91-year-old wife is asking a judge to dismiss the case.

A public defender says in a new court filing that prosecutors failed to preserve and turn over evidence that might help Albrecht Muth's defense.

Muth is awaiting trial in the August 2011 strangulation and beating death of his wife Viola Drath, a German journalist.

At issue is an amendment to Drath's will that Muth presented after her death claiming he was entitled to a portion of her wealth. Prosecutors say the letter was forged.

A defense lawyer says prosecutors have produced only one page of the letter, even though a detective has referred to "several" pages.

A spokesman for the U.S. Attorney's office declined to comment on the court filing.

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