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Judge awards bail to Sean Ellis, man granted new trial in death of Boston officer

BOSTON (

/ AP) — A man convicted of killing a Boston police detective in 1993 has been granted bail by the judge who ordered a new trial in his case.

Judge Carol Ball set bail for Sean Ellis at $50,000 on Tuesday and said he must wear a GPS monitoring device. Prosecutors objected, saying Ellis remains charged with first-degree murder.

"I am going to set a bail..I am going to require GPS," Ball said.

Those words triggered a collective gasp in the courtroom, and a mother's tears. Sean Ellis, now 40 years old, has been fighting to clear his name since he was arrested for murder at the age of 19.

Ellis was convicted at his third trial in 1995 of shooting Detective John Mulligan. Mulligan was shot five times in the face and robbed of his gun while he slept in his car while on a security detail in Roslindale. Ellis' first two trials ended in hung juries.

Last week Ball granted Ellis a fourth trial, saying authorities withheld information from his trial lawyer.

"The truth is coming out and that is what is important and that is what is going to free Sean," Sean's mother Mary Ellis said  after court on Tuesday.

Prosecutors noted that there was nothing in the judge's decision that contradicted or undercut evidence that led to Ellis' conviction.

"The fact that the victim was a uniformed, armed police officer on duty really makes this crime unparalleled in severity," said prosecutor Ed Zabin.

As they argued against bail, prosecutors said an eyewitness placed Ellis at the scene.

Ellis' defense successfully poked holes at the prosecution's case for months. They argue evidence of officer corruption, and the officer's relationships to an eyewitness were never disclosed to the jury.

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