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FILE - This Friday March 18, 2005 file photo shows former Springboro Police Lt. Thomas "Jim" Barton listening as he is given the maximum sentence in the shooting death of his wife in Warren County Court in Lebanon, Ohio. The attorney for Barton, a former police official wants a judge to set bail for him in southwest Ohio after a federal court threw out his 2005 conviction on charges from his wife's slaying in a botched burglary. (AP Photo/Al Behrman, File)

FILE - This Friday March 18, 2005 file photo shows former Springboro Police Lt. Thomas "Jim" Barton listening as he is given the maximum sentence in the shooting death of his wife in Warren County Court in Lebanon, Ohio. The attorney for Barton, a former police official wants a judge to set bail for him in southwest Ohio after a federal court threw out his 2005 conviction on charges from his wife's slaying in a botched burglary. (AP Photo/Al Behrman, File)

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