TERRE HAUTE, Ind. (AP): The defense for a Terre Haute man accused of killing his first wife in 1975 claims the case against him is circumstantial.

The Tribune-Star reports opening statements were made Tuesday in the trial of 63-year-old Earl Taylor. He’s charged with first-degree murder and was arrested in July 2014 following a renewed investigation into the death of Kathy Taylor.

Defense attorney Dennis Majewski told the jury that the prosecution doesn’t have the evidence to show Taylor killed his wife. Chief Deputy Prosecutor Rob Roberts said the circumstances of her death don’t match the information Taylor gave in 1975.

Taylor told investigators at the time that he found his wife dead in the bathtub, and a clock radio had fallen in. Roberts said autopsy results will show her lungs were full of water, consistent with drowning and not electrocution.