The state Supreme Court has refused to reconsider its order keeping a former Eastern Carolina police chief in prison.
Earlier this month the Court of Appeals threw out George Hayden's 2010 conviction for the 1972 murder of Marine Sgt. Bill Miller. The state is appealing that to the Supreme Court and wants Hayden to remain in prison until the high court decides whether it will hear the case or not.
Investigators said Hayden was having an affair with Miller's wife at the time that Miller was killed. After Miller's death, the two were married.
Once out of the Marine Corps, Hayden became a police officer and was eventually police chief in Belhaven and Cape Carteret.
District Attorney Ernie Lee says he's pleased with the Supreme Court decision. "The victim’s family waited 38 years for the jury’s verdict of guilty and this office spent many months locating and interviewing witnesses and preparing the case for trial," said Lee. "I hope the Supreme Court will review the Court of Appeals decision to reverse this case."