Judge: Man who was cleared must remain confined

CREATED Oct. 12, 2013

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RACINE, Wis. (AP) -- A Wisconsin judge says a man who served more than a decade behind bars for a murder conviction that was dismissed can't go free until next year.

Xavier Rockette might have been released this summer if it weren't for an unrelated 2004 conviction for recklessly endangering safety, which was the subject of Friday's decision by Racine County Circuit Court Judge Allan Torhorst. He said he would not reduce Rockette's sentence in that case.

Defense attorney Ellen Henak tells the Racine Journal Times  that Rockette now won't be released until later this spring.

Rockette was convicted of first-degree murder in 2003 and sentenced to 35 years in prison, but the charge was dismissed after the district attorney learned that one of the prosecution's witnesses had lied in his testimony.