YORK, Pa. (AP) — A Pennsylvania man has been freed on nominal bail while awaiting retrial on charges of killing his wife and then faking an all-terrain vehicle accident to cover up the slaying a decade ago.

An appeals court earlier in the week upheld a York County judge’s decision in June to allow 49-year-old Joseph Fitzpatrick III to be freed on $1 bail. He has been ordered to live with his parents in Fawn Grove, wear a GPS monitoring device and barred from travel outside of the county.

Defense attorney Christopher Ferro said he was “ecstatic” about his client’s Wednesday afternoon release. He said they are now focused on preparing for the retrial and confident of an acquittal. York county prosecutors are “evaluating our appellate options,” spokesperson Kyle King said.

The Chanceford Township resident is accused of having drowned 43-year-old Annemarie Fitzpatrick in a creek in June 2012 and then telling police they crashed their ATV in the water. The Pennsylvania Superior Court had halted his release while it reviewed the judge’s bail decision.

Fitzpatrick was initially convicted of first- and third-degree murder as well as involuntary manslaughter in 2015 and sentenced to life in prison without possibility of parole. But the Pennsylvania Supreme Court last year ordered a new trial, saying Fitzpatrick III might not have been convicted without the admission into evidence of a note from his wife which the court called inadmissible hearsay that injected “significant prejudice” into the trial.

Authorities alleged that Fitzpatrick wanted out of his marriage, was emotionally involved with another woman and had a $1.7 million life insurance policy on his wife. Hours before her death, prosecutors said, Annemarie Fitzpatrick wrote, dated and signed a note in her day-planner at work saying “If anything happens to me — Joe.” She also wrote an email to herself titled “if something happens to me” saying the couple had marital problems and a huge log had almost fallen on her the night before.

The trial judge, in a rare move, set aside the jury verdict, saying prosecutors had not presented enough evidence to support a conviction. An appeals court reinstated the conviction, saying the note was allowed as evidence to show the victim’s state of mind, an exception to the hearsay rule. The court said the email wasn’t admissible but ruled that its admission was harmless “in light of the overwhelming evidence against Fitzpatrick.”

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The state Supreme Court majority, however, said the note did more than reflect the woman’s fear, it also asserted that her husband would be responsible “if something untoward or violent happened to her” — and offering the note as proof of that would be inadmissible hearsay.