SPRINGFIELD, Mass. (WWLP) - A hearing is expected to be held Thursday morning on a motion to dismiss a murder indictment for Charles Wilhite.
A judge will hear a plea for his freedom.
In October of 2008, 28 year old Alberto Rodriguez was shot to death outside the Pine Street Market.
Detectives collected evidence and eventually Wilhite was arrested and charged with murder.
Earlier this year he was granted a new trial because a witness recanted his testimony and a judge found no other physical evidence linking Wilhite to the murder.
If the judge decides to let Wilhite walk, he'll be a free man, with a clean record.
Friends and members of Wilhite's family are expected to gather in front of the court house for a sunrise vigil at 6:00AM.