ST. LOUIS (AP) – The attorney for a Missouri man who spent nearly 30 years in prison for a rape and murder conviction that was overturned is asking a judge to set him free on bail until an appeal is decided.

Cole County Circuit Judge Dan Green last week overturned the conviction of George Allen Jr. Allen is 29 years into a 95-year sentence for killing a St. Louis woman in 1982.

On Wednesday, St. Louis Circuit Attorney Jennifer Joyce announced she would not re-try Allen, but Missouri Attorney General Chris Koster appealed to the Missouri Western District Court of Appeals, leaving Allen’s status in limbo.

Attorney Olga Akselrod of the Innocence Project said Thursday the appeal is without merit and unfairly keeps Allen behind bars. She is asking Green to free Allen.

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