The U.S. Supreme Court has declined to intervene in the release of a Detroit convicted killer who was granted bond after a judge said he deserved a new trial.
The court apparently gave it some close consideration Friday. A request to issue a stay in the case was defeated, 5-4, with conservative Justice Antonin Scalia joining four liberal justices.
The Michigan attorney general's office wants Dwayne Ballinger Jr. to remain in prison while it appeals a decision that set aside two murder convictions and life sentence.
State attorneys claim Ballinger was looking for witnesses who testified against him at his 2007 trial as soon as he returned home last week. Ballinger denies it.
Federal Judge Arthur Tarnow declined to revoke his bond but said he must wear an electronic monitor.