State College resident Andrew Rogers, formerly convicted of murder, has been in prison for more than a year and a half, but he might see the light of day beyond the bars of prison soon, his attorney said.

A bail motion was filed Wednesday to release Rogers from prison after he was granted a new trial on Dec. 10, Chief Public Defender David Crowley said.

Judge Bradley Lunsford said evidence that surfaced after Rogers' conviction was illegally suppressed by the prosecution and should have been turned over before the trial.

In a 2006 theft case, a Philipsburg man named Ronnie Starr gave a description of a man he called "B," who Starr said sold him a watch that once belonged to Park. Starr's description of "B" was similar to that of "Sweet," a third man Rogers said started the fight that ended in Park's death.

"Andy's status changed on Dec. 10 from a convicted murderer to a pretrial detainee," Crowley said.

In 2007, Rogers was convicted of third-degree murder in connection with the death of former Penn State student Youngcheol Park and is currently serving a prison sentence of 20 to 40 years.

Crowley said because Rogers was granted a new trial he has the right to ask the court to set bail and asked that it be set it at a reasonable amount.

Police said Rogers struck Park with objects including a baseball bat and rolling pin after a fight between them intensified. Rogers testified "Sweet" provoked the fight and made him act in self defense.

If released, Crowley said Rogers may even be able to help locate the third man connected with Park's death, adding the defense is "looking for a cocky, stocky Italian guy who was a friend of Park's."

Centre County District Attorney Michael Madeira said he has a role in suggesting how high or low the bail is, adding his argument to the court will be that the bail must reflect the seriousness of the offense.

"It doesn't surprise me that they would make this request," he said.