The court case of the man accused of torching his wife's Crescent Beach, Niantic, home in the midst of a bitter divorce has been continued to Aug. 28. By then, Richard J. Shenkman and Nancy P. Tyler could actually be divorced.

Shenkman was scheduled to appear in New London Superior Court on his criminal case Tuesday, but defense attorney Hugh Keefe asked that Shenkman be excused because he had “three surgical procedures” the previous day and is taking pain medication.

Judge Susan B. Handy continued the case to the end of August, saying the state and defense are still waiting for experts' reports. Both sides retained experts to review physical evidence from the fire site.

Shenkman, 57, of South Windsor is accused of firstdegree arson and first-degree reckless endangerment. East Lyme police said he intentionally set fire to his wife's beach home at 29 South Washington St. on March 5, 2007, the day before he was to turn it over to Tyler.

Shenkman and Tyler, who married in 1993 and operated a marketing/public relations firm, are still in the process of divorcing. Hartford judge Jorge Simon heard four days of testimony in the divorce case in March and said he would be issuing a decision within 120 days.

State's Attorney Michael L. Regan said the state would be reviewing transcripts from the divorce trial as the criminal case continues.

“It's all interrelated,” he said.

Tyler and others took the witness stand at the divorce trial. While Shenkman did not testify, citing his right to remain silent, he actively assisted his attorneys and cross-examined witnesses.

When all of the evidence is gathered in the criminal case, the state's attorney will offer Shenkman a plea deal in which he could resolve the case short of trial.

Meanwhile, the fire site remains vacant and the homeowners insurance settlement unpaid pending the outcome of a third lawsuit. Shenkman sued the insurance company, claiming he is entitled to a share of the settlement. Tyler, whose name is on the property, had removed Shenkman from the policy after their marriage fell apart, but Shenkman put his name back on without her knowledge, according to court documents.

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