Appeals court says convicted murderer can remain free

DETROIT (AP) -- An appeals court has turned down a request by state attorneys to lock up a Detroit man who was convicted of two murders but released from prison.

The attorney general's office wants Dwayne Ballinger Jr. to remain in prison while it appeals a decision that set aside his convictions and life sentence. But a federal appeals court last Friday said an order to grant bond by a Detroit judge will stand.

State attorneys claim Ballinger was looking for witnesses who testified against him at his 2007 trial as soon as he returned home this week. The 31-year-old Ballinger denies it. U.S. District Court Judge Arthur Tarnow declined to revoke his bond but said he must wear an electronic monitor.

Tarnow says Ballinger's murder convictions were tainted by an inadequate defense.

Published: Tue, Jun 26, 2012