Lawyers for the accused killer of the Dui Duu murder are refusing to give up the case against him in Alabama.
They say the prosecution has not presented any evidence that could be used to disprove the man’s guilt.
The murder trial of 27-year-old James O’Hara is the latest in a string of high-profile cases in the state, including the deaths of the two women who were found mutilated in their car in Alabama in 2008 and the death of the 17-year old girl whose body was found in a rural area in 2007.
Mr O’Shara, who is accused of murdering a 27-old woman in January, denies all the charges and is in jail awaiting trial.
The man, who was arrested in Alabama last month, faces at least five counts of capital murder and more charges could follow.
He was released on bail on November 1.
Mr Justice Sweeney ruled that the prosecution was not in a position to establish the defendant’s guilt beyond a reasonable doubt.
He said the prosecution had not presented a “sufficient” evidence to establish that Mr O’Mahra acted alone, but it was left to the court to decide how to proceed.
The judge also ruled that it was “premature” to consider whether there was sufficient evidence to sustain Mr O”Mahra’s conviction.
Mr Sweeney said he had heard “numerous witnesses” and that he would be examining a number of witnesses in relation to the case.
He also ruled the prosecution’s application for bail should be set aside, as the accused is being held in isolation in a maximum security jail.
Mr Judge Sweeney said it was a “bizarre case” that could never be fully resolved.
He added that he had been given evidence that was “incomplete” and “not credible” and he did not consider the evidence sufficient to establish Mr O”Mahra”s guilt beyond reasonable doubt, although he found the prosecution would be entitled to use the same evidence to prove him guilty.
The case of James O”Hara has seen some of the worst violence in the US in recent years, as well as the murder of a woman in South Carolina.
He had previously been charged with murder in the death in 2008 of his girlfriend and a second woman in the same incident.
In that case, he had denied the charges.
Mr McQuarrie said Mr O’Mahra was in the process of applying for bail and was currently being held at the state’s jail in Pensacola, Florida.
A spokesperson for the US Attorney’s office for the District of Alabama said: “We are aware of the decision of the Alabama Supreme Court to hold Mr O ’Mahras bail in lieu of the usual trial.
We will continue to monitor the proceedings.
“He added: “The case remains in the hands of the court.””
It’ll be interesting to see how this all plays out.
“We’re going to have to wait and see how it all plays itself out.
It’d be nice if we could have this over with before the start of the year.”
A statement from the attorney general’ office for Alabama said that the charges against Mr OMahra had been dropped, meaning his bail will be set at $500,000.
He will be able to have contact with family members and friends and the court will decide whether to set a date to have him released.
A statement released by the prosecutor’ of the case said: “In our view, there is no sufficient evidence at this point to prove beyond a doubt that Mr. O“Mahrase’ actions were deliberate and that “he was motivated by hatred towards [his girlfriend] and/or her family, and was motivated in his decision to inflict harm upon [his] victim’.
“It said that he could not be released on bond until the trial is over.”
As soon as we have all the evidence, we will be releasing Mr O Mahrase on bail, but in the meantime, the case is in the custody of the state of Alabama,” the statement said.
It also said that if he were released on a bail, it would not be effective immediately.Mr Hodge’ brother, David Hodge, told ABC News: “I’m happy that they’ve finally come around and decided to release him, because it’leaves them free to take the case forward, and the judge has said he will.””But they‒re still holding him in jail, and he’is still in isolation.
It makes no sense to me.
I‒m not a lawyer, but I’t’as sure that they will try and get the case