CORPUS CHRISTI, Texas — Joe David Padron has been behind bars for over 20 years.
Convicted of capital murder, 214th District Court Judge Inna Klein last month recommended his conviction be overturned.
Friday, Klein ordered the release of Padron on bond as the Texas Court of Criminal Appeals makes the final determination.
That bond was set at $100,000, he must wear an ankle monitor and will be under house arrest until the court makes its decision.
"While a mistake was made 21 years ago, Joe David (Padron) doesn't have to sit in jail and wait for that right to be wrong, he's given a little freedom, he is given his family back," defense attorney Lisa Greenberg said Friday.
Attorneys for the Innocence Project of Texas filed that bond request last month.
"In this case, Mr. Padron is entitled to relief as the court has found, so we are asking the court to set a reasonable bond," Executive Director of the Innocence Project of Texas Mike Ware said during that hearing.
The prosecution argued that this should still be seen as an open capital murder case.
"There is a flight risk. In a capital case, certainly when someone is facing the stiff sentence that he would be if he were to go back," Douglas Norman, the Chief of Appeals for the Nueces County District Attorney's Office, said.
This is a developing story, stay with KRIS 6 News for updates.
