Hearing Friday for Brian Gale's release - WTOC-TV: Savannah, Beaufort, SC, News, Weather & Sports

Hearing under way on Brian Gale's release

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Brian Gale testifies at his trial. Brian Gale testifies at his trial.
Daniel Head 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.

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