John Grega appears in Windham District Court in Brattleboro, Vt., Thursday, July 26, 2012, for a status hearing. (Zachary P. Stephens/Reformer)
BRATTLEBORO -- A New York man who has been in prison since 1995 for murdering his wife was not allowed to walk free Thursday after new evidence was introduced that his attorney says should overturn the conviction.

John Grega, 50, was in Windham Superior Court to ask Judge John Wesley to throw out his conviction, or at least schedule a new trial, based on the newly available DNA evidence which Grega's attorney Ian Carleton says proves that another person was involved with the murder.

But Windham County State's Attorney Tracy Shriver said she wanted to test the DNA of other people involved with the case and Wesley said he was willing to give Shriver more time.

During Thursday's status conference Wesley said he was going to schedule a hearing as soon as possible to allow both sides to bring in expert witnesses to argue if Grega should be allowed to go free, get a new trial, or remain in prison.

The Judge was not able to announce a new date for the hearing.

Wesley asked pointed questions to the state, and to the defense, during the 30 minute status conference, and at one point seemed disinclined to give Shriver more time, apparently due to the fact that Grega has spent the last 17 years waiting for a new trial. Wesley said it was going to be a challenge to find time for a full hearing with the court's busy schedule well booked in to the immediate future.

Grega was convicted in 1995 of aggravated sexual assault in the rape and killing of his wife, Christine.

The

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couple was on vacation in West Dover with their then-2-year-old son when Christine Grega, 31, was killed.