Attorneys for a man serving life in prison after confessing to the 1996 murder of 69-year-old Geraldine Montgomery asked the judge on Wednesday to throw out a 1998 conviction.
After an hour and half hearing on Wednesday the judge did not make a decision on whether or not he will allow Jamie Peterson a re-trial.
The judge is expected to make a ruling in the next couple of days.
Lawyers from the Michigan Innocence Clinic are asking for a re-trial because they believe Peterson's conviction was based on false statements made during police interviews.
Prosecutors say the evidence in the original case is sound, and do not see a need for a new trial.
â??The issue was confessions. Confessions are the bricks that paved the road to conviction. That is what we're dealing with here. That is why it is not reasonably likely on retrial anything will change because the proofs will be identical,â?? said Michael Huber, Kalkaska County Chief Assistant Prosecuting Attorney.
â??We've taken it for granted that if somebody confesses especially that's the end of the case and even if that person like Mr. Peterson has severe mental limitations and seems willing to say whatever the police want a confession ends the case and this just another example of why that's not true and how DNA has shed light on various problems in the criminal justice system but one of them is the overreliance on confessions,â?? said David Moran, Michigan Innocence Clinic Executive Director.
New DNA evidence led to charges against Jason Ryan who is going to trial in December.