FRANKLIN, Ohio -- There is a new legal development in the death investigation of Vickie Barton, and now the defense is fighting back.

Jim Barton's attorney, John Rion, has filed a notice of alibi, stating that Jim was not in the house when his wife, Vickie was murdered during a burglary on April 11, 1995.

Rion said Barton was on duty with the Springboro Police Department at the time his wife was killed. He was indicted in connection with the murder and the burglary last Friday.

Barton's attorney has also asked for the indictment to be dismissed and wants a special prosecutor to be assigned to the case.