WEST PALM BEACH, Fla. – The Florida Supreme Court said Tuesday that it will not consider an appeal to dismiss the pending retrial of Dalia Dippolito.
Tuesday's decision means that Dippolito's long-delayed retrial will go on as scheduled beginning Dec. 1.
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Dippolito is accused of paying an undercover police officer, who was posing as a hit man, to kill her husband. The Boynton Beach Police Department staged a crime scene and recorded her reaction on the day her husband was supposed to be killed.
The Boynton Beach woman's attorneys sought to have the high court intervene, even though a state appellate court and Palm Beach County Judge Glenn Kelley have already refused to dismiss the charge against her.
State justices opined that Dippolito "is not entitled to a second or third opportunity for the same relief by the same writ in a different court."
File: Florida Supreme Court decision on Dalia Dippolito appeal
"While we are disappointed by the Supreme Court's decision, we respect it and will continue to zealously prepare for trial," Miami attorney Mark Eiglarsh, who represents Dippolito, said in a statement to Local 10 News.
Dippolito testified earlier this year that she was acting for a television show and wasn't really plotting a murder-for-hire. A video recorded by the Boynton Beach Police Department shows Dippolito crying at the staged crime scene on the day of her August 2009 arrest. Another video shows Dippolito giving money to the undercover officer.
She was convicted of solicitation to commit first-degree murder in 2011 and was sentenced to 20 years in prison. However, the Fourth District Court of Appeal reversed the conviction in 2014. She has been out of jail on a $25,000 bond while awaiting retrial.