BRIGHTON, N.Y. — Is there enough new evidence and was the criminal investigation into James Krauseneck reliable? Those are the two questions the prosecution is trying to prove as a pre-trial hearing for the former Brighton man accused of killing his wife Cathleen with an ax in their home nearly 40 years ago continues.

Cathleen's murder has remained unsolved. Police say James told investigators that he returned from work in 1982 and found Cathy with an ax lodged in her head. A new development though came in 2019 when her husband James was charged with her murder

During opening statements Tuesday, Assistant District Attorney William Gargan argued that there is enough evidence justifying the arrest of Krauseneck for his wife’s death. He says the reason for waiting so long to make a move was to be confident in their evidence against any suspect.

“You get one chance, one opportunity to seek justice for a family,” Gargan said. “To seek justice for a community.”

The defense says the prosecution is based on misinformation, intimidation and desperation.

Defense lawyer Michael Wolford, who has represented Krauseneck since 1982, says records show Brighton Police hoped to pressure him into confessing.

Wolford also cited the lack of follow up on another man, Eddie Laraby, as a possible suspect.

Three witnesses spoke in court Tuesday. Former prosecutors and Brighton Police officers answered questions from both sides about their roles in the investigation.

Cathleen’s family watched the hearing from inside the court room Tuesday. They are still looking for justice, decades removed from her death.

Krauseneck’s daughter, Sara, was also in court. She was just 3-years-old when her mother was killed. Sara was alone in the home with body for most of the day.

The pre-trial hearing is expected to last throughout the week.