Brian Gale testifies at his trial.
Daniel Head
DARIEN, GA (WTOC) -
A man accused of leaving his stepson to die in a McIntosh County swamp has a hearing Friday morning on his release.
This comes after Gale was granted a new trial after a juror testified to texting with the victim's brother.
A judge has ruled that the juror's texting and talking with a key witness was intentional - not accidental - and does warrant a new trial.
The hearing will determine if he is released before the next trial.
But because of a double jeopardy law - Gale will only go on trial for contributing to the deprivation of a minor and involuntary manslaughter.
Copyright 2012 WTOC. All rights reserved.