High court won't reconsider opinion that frees defendant

ATLANTA (AP) - Georgia's highest court won't reconsider its opinion that effectively allows a murder suspect to go free without a jury ever weighing his guilt or innocence.

Geary Otis is accused of fatally stabbing a 75-year-old woman and wounding a 71-year-old man at an Atlanta apartment complex for seniors in 2013.

A Fulton County Superior Court judge declared a mistrial in the case after a jury had been seated and a defense attorney had made her opening statement. The mistrial was declared over the objection of the defense and the state.

The Georgia Supreme Court ruled last month that the judge had erred. Prosecutors asked the justices to reconsider and to allow a new trial, but the high court on Monday declined that request.

Otis could be released in the coming weeks.