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Daniel Ortiz examined why in this report:

Daniel Ortiz Reporting

22 year-old Justin Orillana, the man accused of stabbing his stepfather to death in March of 2007, was freed of that murder charge last night. After a little more than 5 hours of deliberation, a jury of his peers acquitted him with a unanimous verdict just after 8:30 p.m.

But he is not totally exonerated because the jury was unable to come up with a verdict in relation to the alternative charge of manslaughter.

As a result, after sitting in jail for 5 years, awaiting his day in court, he must now wait for a retrial on this same issue while now facing manslaughter.

Carlo Mason - Attorney for Justin Orillana
"The charge of murder was left to the jury with the option of Manslaughter in the alternative. The jury came back some 4 hours later with a unanimous verdict of not guilty in relation to the charge of murder, but they were unfortunately deadlocked at a count 9 to 3 with respect to manslaughter. This meant there would ordinarily be a retrial. However, the argument that was put forward to the judge was that technically is a free man because he was never charged with manslaughter. It was simply put the jury as an alternative to the initial charge. It is still our position, but what has to occur is that he will be detained - or he is detained - and he will be charged overnight for manslaughter. That will allow for him to be brought back to court here tomorrow morning - Wednesday morning - for that charge to be read to him in court, and then the issue of bail can properly be addressed to the court by myself and my learned friend, the crown counsel in the matter."

Orillana spent another night in prison when he was technically free, because the court had to go through all their proceedings of charging him once again.

As a result, Orillana was brought back to court, where Justice Gonzales read him the new indictment for manslaughter, and he was eventually granted bail. But, Justice Gonzales seemed to be of the opinion that given that he in prison for so long, justice would be mishandled if he remains on remand while awaiting a retrial.

In fact, several attempts were made to get Orillana bail last night.

Carlo Mason
"You have to understand the circumstances of this case. This young man - he is now 22 years - who, by all accounts, has been a peaceful man, was a fairly productive member of society - he has spent the last 5 - count them - 5 years in prison for a murder which he has vehemently denied being responsible for, and continues to do so vigorously. I did my best to represent his position, and I believe it was borne out in the verdict, but unfortunately, a hung jury - which is what happens when you have a count of 9 to 3 - means that the issue of retrial comes up, which is why he is going to be charged tonight and brought back to court tomorrow. It's simply that because he has been on remand for so long, the court looks at the justice of the circumstances."

Throughout his entire ordeal, Orillana has dealt with the situation with an impressive display of patience. His attorney says, "He is simply playing the hand he has been dealt."

Carlo Mason
"I think it's not only a display of his level of his innocence, but also a display of his level of patience, and his somewhat resignation to the facts of his circumstances. He is in custody, and there is nothing productive in being rebellious, belligerent, showing any manner of disrespect to the authorities, and that is not his personality in any event. Mr. Orillana - and I refer to him as Mr. Orillana because in the short space of time that I have come to know him, he has presented himself to be a most stellar individual - Mr. Orillana is a soft-spoken, respectful young man who, prior to this incident occurring - although being from a poor and humble family, he worked hard at school, did his best, and contributed to the welfare of his family."

Daniel Ortiz
"This young man's entire life and career has been somewhat destroyed by this case because whether or not - due to Belizean culture - he gets acquitted of manslaughter, the stigma will stick with him 1, and 2, he has to deal with the fact that he never had the ability to complete high school because he was charged while he was in second form."

Carlo Mason
"Through great adversity, can also come great success. Thankfully, society does have certain elements and facilities of rehabilitation, and I believe that once justice is served, once Mr. Orillana is found not guilty - which I strongly believe will be the case - eventually, he will have the opportunity to go out into society, make something of himself, and put all of this behind him. I have no doubt that his hardworking nature will eventually allow him to find his own niche."

If there is one thing that the entire ordeal has probably taught Orillana is to be distrustful of institutions. It's probably why he chose to decline comment to us, fearing that he might say something, which would jeopardize his new trial which is pending.

As shown in the interview, Justin Orillana is out tonight on bail of $5,000. He must report to the Queen Street Police Station every Friday between 8 a.m. and 5 p.m., surrender all travel documents, and stay away from all prosecution witnesses.

The earliest date that he will get that retrial for manslaughter will be in next sitting of the Supreme Court, which scheduled for January 2013, and that's if the Office of the Director of Public Prosecutions is ready to proceed.