Despite Dalia Dippolito's defense attorney arguing she is not a flight risk, just a new mom wanting to spend time with her infant son outside of her home, Judge Glenn Kelley is not releasing Dippolito from house arrest.
"For 7 years she's been a prisoner in her own home Judge," said Greg Rosenfeld, Dippolito's attorney.
"I don't think it's excessive. I think it's appropriate in light of the charges," said Judge Glenn Kelley referring to Dippolito's in-house arrest conditions after hearing the defense and state's arguments on the motion to release Dippolito.
Rosenfeld says he and his co-counsel plan to file a new motion to modify Dippolito's house arrest conditions and allow her to do more activities with her baby outside of her home.
"Just to get outside of the house to walk around in a stroller with her child to get some fresh air, to be a mom," added Rosenfeld.
Dippolito's third trial could be set as early as this April. She was already convicted and sentenced to 20 years in prison in 2011, but that conviction was overturned, granting her a new trial last month which ended with a hung jury. Judge Kelley is giving defense attorneys until January 13 to decide if they are filing a motion to select jurors from another county before he sets a new trial date.
"The three options for a change of venue are Jacksonville, Orlando, or Tampa," said Judge Kelley.
State prosecutors say they probably would not be against a change of venue. The defense team says it is still weighing the options.
"What changed necessarily was the ability to get a fair jury here, which we think we did get in the second trial. Our one concern is if we can still get one with there being so much media on this case," added Rosenfeld.
Defense attorneys tried to negotiate a plea deal with state prosecutors earlier this week, but were unsuccessful.