Murder Suspect May Be Freed After Judge Error

A murder suspect may be released because a judge mistakenly declared a mistrial.

Geary Otis was on trial accused of killing 75-year-old Mary Oliver and injuring 71-year-old Emmanuel Surry at an apartment complex in Atlanta, Georgia, in June 2013.

During the trial nearly two years ago, Otis' lawyer said his client had "just snapped" and urged the jury to find him not guilty by reason of insanity.

The prosecution objected, arguing they required earlier notice of the insanity defence.

The judge agreed, saying the law required earlier notification and declared a mistrial, despite protests from the defence.

Now, the Georgia Supreme Court has ruled the trial judge made a mistake and the prosecution did not need to be told of the insanity plea in advance.

The high court justices said a new trial for Otis would amount to double jeopardy.

Prosecutors plan to ask the justices to reconsider. If they don't, Otis could be freed in a few weeks.

Ms Oliver's family held a news conference to publicly plead for Otis to stand trial.

"It was a mistake on the judge's behalf. By all means, sanction the judge and give it to another judge," said Ms Oliver's daughter Jan Jacobs through tears.

"I am begging the Supreme Court, the legislature and the Governor to reconsider this case."