James Parsons can be released without bond on Monday after spending more than 20 years in prison for his wife's murder.
A judge threw out Parsons conviction and ordered a new trial, ruling Huron County Ohio prosecutors withheld evidence that would have helped his defense.
He was arrested 12 years after his wife Barbara was beaten to death in 1981.
Parsons maintains he was away from home that day.
The timing's a little late for him though, he's dying.
Parsons has terminal cancer, congestive heart failure and dementia.
The 78-year-old will be moved to a nursing home.
Dave Anthony,FOX News.