Last February, the second-degree murder conviction of Michelle Sprang was overturned and a new trial was ordered.
Typically, such defendants are kept in custody until their case is resolved, but in Sprang's case, the Arizona Department of Corrections released her and she moved to Texas.
According to court documents, prosecutor William McCollum asked Judge Deborah Bernini to issue a nationwide arrest warrant for Sprang, saying her release was inappropriate.
Sprang's new attorney, Scott Martin, objected and he won the argument.
However, Sprang does have to show up in court on Jan. 20 when her new trial date is set.
The Arizona Court of Appeals decided last February that Judge Bernini erred when she gave jurors the option of convicting Sprang of either first-degree murder or second-degree murder when she’d only been charged with first-degree murder.
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The jury acquitted her of first-degree murder, but convicted her of the less serious charge. Bernini sentenced her to 10 years in prison.
At the time of Sprang’s sentencing, Bernini said she was imposing the minimum sentence possible because she had “residual doubts” as to Sprang’s guilt.
"I may have been more surprised than defense counsel at the verdict," Bernini said at the time.
Addie Mae Lee's body was found wrapped in a comforter and stuffed under a mattress and box springs at the Oasis Motel on North Oracle Road in October 2006.
The 49-year-old had been struck in the head with a toilet tank lid and strangled with a ligature made of panties and string.
Sprang, who had checked into the room with Lee, was arrested in Texas in 2008. An investigation revealed her palm print was on the lid, her DNA was under Lee's fingernails and she owned similar panties.
Now retired defense attorney Eric Larsen said the palm print was only the size of a quarter and could have been left during normal activities.
The panties could have been used by the real killer after having been left behind by Sprang, he said.
He also said the DNA could have been transferred when Lee picked up a wet towel, touched bed linens or engaged in sexual activities with Sprang.
The defense attorney also pointed out another motel tenant testified that after Sprang left Lee's room for the last time, she heard the TV. When the maid entered Lee's room in the morning she discovered the body, the TV was off.
Either the killer turned off the TV or Lee did, Larsen said.
If Lee turned the TV off, she had to have been alive when Sprang left, Larsen said.
