John Grega appears in Windham District Court in Brattleboro, Vt., Thursday, July 26, 2012, for a status hearing. (Zachary P. Stephens/Reformer)
John Grega appears in Windham District Court in Brattleboro, Vt., Thursday, July 26, 2012, for a status hearing. (Zachary P. Stephens/Reformer)

BRATTLEBORO -- A Vermont judge has ruled that prosecutors can refile a murder charge against a New York man accused of killing his wife almost two decades ago in Vermont if new DNA testing supports it.

Prosecutors had dismissed an aggravated murder charge against John Grega in August. He was convicted of killing his wife, Christine Grega, in Dover in 1994, when the two were vacationing but was released from prison in 2012 when newly tested DNA evidence suggested that someone else was involved in the killing.

Grega's attorneys sought to have the aggravated murder charge dismissed permanently so that prosecutors could not refile it. On Tuesday, Superior Court Judge John Wesley denied that motion.

Wesley, who had granted Grega a new trial in 2012, said the new DNA evidence did not exonerate him.

"The court concurs with the state that the evidence which led to the agreement to vacate the defendant's conviction certainly justified a new trial, yet did not positively exonerate defendant," the judge said in the decision on Monday.