A judge ruled Wednesday that prosecutors cannot use Curtis Lovelace’s laptop as evidence in his murder retrial later this month.

Judge Bob Hardwick ruled in favor of a defense motion that Lovelace’s second wife, Erika Gomez, did not have the right to turn the laptop over to Quincy Police Detective Adam Gibson during the investigation into the death of Lovelace’s first wife, Cory Lovelace.

Curtis Lovelace is alleged to have suffocated Cory in their Quincy home on Valentine’s Day of 2006.

Lovelace was indicted on first degree murder charges in August of 2014. His first trial resulted in a mistrial a year ago.

The retrial is scheduled to start February 27th in Springfield, where it was moved on a change of venue.