BARBERTON, Ohio -- A Barberton man has already spent four years in jail, convicted of murdering and raping his mother-in-law.

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Wife Upset

But now Clarence Elkins' wife is trying prove that her husband was wrongly convicted and that the real killer is still out there.

"The toughest part is she's gone, and the way she went, and it trickles down to my niece and then my husband," said Melinda Elkins, Clarence's wife.

Melinda Elkins (pictured, far left) cries for the shattered family she's now trying to reassemble. Her husband was convicted of raping and murdering her mother, Judith Johnson, 58, at Johnson's Barberton home on June 7, 1998.

"I am 100 percent convinced that Clarence Elkins is innocent of all of these crimes," defense attorney Elizabeth Kelley said.

Kelley believes Clarence Elkins (pictured, above) was wrongfully convicted, and she and Melinda Elkins are hoping to get him out of jail. Kelley filed a 20-page post-conviction petition with the court that convicted Elkins, NewsChannel5 reported.

"There has never been any physical evidence to link Elkins to this murder and rape," Kelley said.

But the Barberton Police Department stands by its investigation.

Officials believe that Johnson (pictured, right) was strangled at her Summit Street home. Her 6-year-old granddaughter initially placed Elkins at the murder scene, but the girl has now changed her story and said it was another man.

"We believe we know the actual perpetrator of this crime," Kelley said. "The child victim has recanted her testimony, and the entire police investigation was flawed."

Meanwhile, Melinda Elkins can only hope for closure.

"'Hang in there, it's almost over, you're coming home' -- I tell (my husband) that every day," she said.

The judge could take up to six months to decide whether Elkins should be released or if there should be another trial.

The defense is also asking for DNA samples from the man they think committed the murder.