A judge in Santa Clara County Superior Court on Tuesday dismissed murder charges against two brothers in a 1989 cold case murder at the request of the district attorney's office due to an affair by a prosecutor with a lab technician.
Judge Thang Barrett granted a motion by prosecutors to toss their case against David Zimmer, 67, and Robert Zimmer, 70, in the strangulation death of Cathy Zimmer, whose body was found wrapped in a quilt in her car parked at San Jose International Airport on March 10, 1989.
Robert Zimmer, who had been in the county's Main Jail since his arraignment last February, arrived in court in jail clothing, a long gray beard and gray hair and sat next to Nicole Alvarado, a lawyer filling in for his defense attorney Stephen Defilippis.
Barrett ordered Robert Zimmer released from jail and all pending court hearings for the case vacated. David Zimmer, Cathy's ex-husband who was in jail from March to May, was not at the brief hearing at the Hall of Justice but was represented by his defense counsel Michael Cardoza.
Read more from San Jose Mercury News: http://www.mercurynews.com/ci_26640403/judge-dismisses-charges-against-two-brothers-1989-cold