The Peoria County State's Attorney is fighting Cleve Heidelberg's request for a speedy re-trial.
State's Attorney Jerry Brady argues that a pending appeal nullifies the request.
Heidelberg's 1970 murder conviction for the death of Peoria County Sheriff Sergeant Ray Espinoza was thrown out in April, as a judge ordered a new trial.
The 74 year old Heidelberg, who maintains his innocence, spent 47 years in prison before being released on bond.
A hearing on his request for a speedy retrial is scheduled to take place on June 30th.
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