DETROIT (WXYZ) - Thursday a judge Honorable Judge Lawrence S. Talon dismissed murder charges without prejudice against Raymond and Thomas Highers.
The brothers were convicted in 1988 for the 1987 murder of Robert Karey.
By dismissing the charges without prejudice, Judge Talon allows prosecution to bring them back in the future should they find new evidence.
The dismissal comes one day after Wayne County Prosecutor Kym Worthy announced her office was dropping murder charges.
However, the murder conviction was tossed out last year after a post on Facebook brought a new witness forward. The men had served 25 years in prison at that point.
In 2009, Mary Evans posted on Facebook about the Highers brothers serving life sentences for the murder of Karey.
Kevin Zieleniewski saw her post. He says it was only then that he learned the Highers brothers were serving life in prison for the murder.
Zieleniewski says that's when he recalled a conversation with an eyewitness who had told him the killers were black.
Ultimately, that led to new witnesses coming forward and today a judge ruled it raised enough doubt to give the Highers brothers a new trial. The trial was scheduled to begin on October 8, 2013.
In announcing the dismissal of the charges, Worthy said, "Just as we did 26 years ago, we firmly believe in the evidence in this case. We have worked diligently to bring this case to trial. With the passage of time it is an unfortunate reality that this case cannot be put back together and we must dismiss it. Sadly, in this case justice was not done."
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