Joshua Horner, a 42-year-old plumber from Oregon, was convicted in April of last year for sexually assaulting a child by a jury that failed to reach a unanimous verdict.
Horner's daughter had testified during the trial that her father had threatened to harm her animals if she told the police, and that he had shot his dog Lucy in front of her to clarify her point.
The animal was found alive and living with new owners, however, by the Oregon Innocence Project, a nonprofit legal organization that had agreed to review the case on behalf of Horner.
Horner had insisted that he had not hurt Lucy and that finding the dog would prove him innocent and that his daughter had lied under oath.
Officials of the Innocence Project said that the Labrador was traced to the city of Gearhart, northwest of Portland, and was identified by its distinctive features.
In his motion on Monday to dismiss the case, the district attorney's office noted that Horner's daughter had refused to talk to investigators about her testimony at the trial after the dog was found alive.
"Although I can not say with certainty that Mr. Horner did not sexually abuse the named victim, I can say that I am not convinced by the preponderance of the evidence that is now available that he did, and I am certainly not convinced beyond a doubt. reasonable, "District Attorney John Hummel said in a statement Monday.
Horner was released from prison in August and was awaiting a new trial after an appeals court overturned his conviction on the grounds that his defense had not allowed him to present evidence unrelated to the dog.
"Kelli and I are ready to pick up the pieces of our lives," he said Monday, referring to his wife, as the couple left the courtroom after the judge's decision to dismiss the case.