Charges in 1989 murder dismissed over prosecutor's affair

SANTA CLARA, Calif. - Authorities have dropped murder charges in the 1989 death of woman who was found strangled at the San Jose airport because the prosecutor had an affair with a DNA analyst who testified at a court hearing.

The Santa Clara County district attorney announced Tuesday that charges were dropped against Cathy Zimmer's estranged husband, 66-year-old David Zimmer, and her brother-in-law, 70-year-old Robert Zimmer.

DA Jeff Rosen apologized to the victim's family but says his office has an ethical duty to enforce the laws objectively. He says the charges could be refiled.

Cathy Zimmer, a 38-year-old mother of two, was found strangled and wrapped in a colorful patchwork quilt in her car at the airport in 1989. David Zimmer -her husband - later collected on two life insurance policies. He and his brother weren't charged in the case until earlier this year.

Deputy District Attorney Ted Kajani came forward to acknowledge his secret affair with DNA lab technician Amanda Cardenas in August, prompting officials to reassess the case, reports CBS San Francisco.

The investigation reportedly revealed that Kajani "failed to provide evidence to the defense in a proper manner." The station reports it was revealed last week that the district attorney's office had failed to turn over nearly 10,000 pages of evidence to the defense as required by law.

Both Kajani and Cardenas have been reassigned to other duties.

David Zimmer's attorney maintains his client is innocent and says the case was fabricated from the start, according to the station.