Supreme Court hears 'cold case' arguments

LANSING, Mich. (AP) - The case of a doctor who was charged with murdering his wife 38 years after she died is before the Michigan Supreme Court.

The issue debated Wednesday was whether the case against Charles William Mercer of Okemos should be dismissed because of the delay or if Mercer must first show that the prosecution delayed the case to gain an advantage.

Mercer was arrested in connection with the death of Sally Mercer in 2006. Investigators who re-examined the case say she died of a drug overdose, not bulbar polio as ruled in 1968.

A trial court decided the murder charge came too late for Mercer to get a fair trial. But the state Court of Appeals said Mercer should have to show prosecutors tried to gain an advantage through the delay.