Update: Wednesday, Nov. 24 at 5:20 p.m.
The Missouri Western Court of Appeals has given the attorney general's office until Dec. 6 to fight Dale Helmig's release.
Helmig's legal team believes there is still a possibility Helmig could be released before Christmas.
The Osage County man has been in prison for 14 years after being convicted of murdering his mother in 1993.
Earlier this month, a judge declared Helmig innocent and recommended his release.
Update: Monday, Nov. 22 at 3:06 p.m.
Dale Helmig’s attorneys asked a higher court to release him from prison.
The "motion for release" asks that Helmig be released on bond.
The motion was filed in response to Attorney General Chris Koster's appeal seeking to keep Helmig behind bars.
Helmig's attorneys said there is no reason Helmig shouldn't be able to observe the holidays with his brother and daughter.
The Osage County man has served 14 years in prison for the 1993 death of his mother. Earlier this month, a western Missouri judge declared Helmig innocent and recommended his release.
Koster's office has five business days to respond to the motion for release.
See the motion of release filed by Helmig's lawyersUpdate: Monday, Nov. 22 at 5:05 p.m.
The Missouri's Attorney General's Office met the deadline to appeal the release of convicted murderer Dale Helmig Monday.
The Osage County man has served 14 years in prison for the 1993 death of his mother. Earlier this month a judge declared him innocent and recommended his release, but the Attorney General's office decided to appeal and is seeking to keep Helmig behind bars.
In court documents, the Attorney General Chris Koster said the judge, who issued Helmig's release, "acted in excess of his jurisdiction and committed legal error".
Helmig's lawyers will still seek bond so he can spend the holiday at home.
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