HOPEWELL, VA (WWBT) – The Las Vegas man charged with murdering his wife in Hopewell, more than 40 years ago, will appear in court Wednesday morning.
During the hearing Donald Long's attorney is expected to ask a judge to toss out an incriminating statement long allegedly made about the crime. The statement was reportedly made in the 70's by a woman Long married after his wife was strangled to death.
According to court records the woman told police during an argument Long confessed to the crime stating he said, "If you ever leave me, I'll do to you what I did to my ex-wife."
NBC12 legal analyst Steve Benjamin has no inside knowledge of the case but says in the past statements made between one spouse to another have been deemed inadmissible in court -- a privilege that's been amended in recent years
"So if a spouse makes a statement during the course of family abuse for example that statement could still be used," said Benjamin.
Long, 77, was arrested in August near his Las Vegas home. Police say 46 years ago he killed his wife, Naomi Long. Her body was found at what was the City Point Inn in Hopewell.
During a phone interview Long's attorney, Lloyd Snook III, told NBC12 he will ask a judge to order prosecutors to turn over information it normally wouldn't have to share. The reason, in part, is due to when the murder took place.
"The defense has no information about witnesses. There is no crime scene to go to and because of the delay in bringing this case some people who may have had first hand knowledge of the case are dead," said Snook.
Long is being held at Riverside Regional Jail. If convicted he could spend the rest if his life behind bars.