Convicted Killer Freed On Bond In Detroit
DETROIT (WWJ/AP) - A convicted killer remains free on bond after a strange turn of events in federal court Thursday, during which the man was freed, then immediately arrested, then released.
State attorneys failed to persuade a judge to lock up Dwayne Ballinger Jr., who was freed on bond after his two murder convictions were overturned.
The attorney general's office claims 31-year-old Ballinger is a "substantial danger" to the public. In a court filing, the state says he's been hunting for people whose testimony led to his convictions and life sentence in 2007.
"The allegation yesterday was that he tried to contact witnesses to the original murder, and there were three affidavits presented by the attorney general to suggest that in fact he tried to contact witnesses and that he was in the neighborhood and that he was doing a drive by to these witnesses. But despite all that, the judge let him go," said WWJ legal analyst and TalkRadio 1270 morning show host Charlie Langton.
Ballinger denies the allegations. Detroit federal Judge Arthur Tarnow said Thursday Ballinger can remain free but must wear an electronic tracking device.
"The judge felt that he was not a danger to society and that he had a legitimate case, so the judge let him out. As Mr. Ballinger was leaving the courtroom, however, he was arrested, handcuffed and taken back into court. Although, we understand now that he was released a couple of minutes after," said Langton.
Ballinger was convicted in 2006 of fatally shooting two men in Detroit on the Fourth of July because they allegedly crossed into his drug-dealing territory.
Ballinger was planning to spend his life behind bars before being released from prison Monday, months after the judge set aside his murder convictions. Tarnow said Ballinger's rights were violated because he had an ineffective trial lawyer.
The attorney general's office wanted Ballinger to remain locked up while it appeals that decision.
The state now has 90 days to schedule a new trial.
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