Rochester N.Y.- A Monroe County Court Judge has ruled that Charles Pierre will not be released on bail citing concerns surrounding his immigration status.

Pierre is a native of Trinidad and was in the U.S. illegally at the time of the incident.

The judge last month overturned Pierre's conviction in the 2002 slayings after new evidence was presented that another man, Darrell Boyd, may have been the one who actually committed the killings.

Pierre's new trial is set to begin Feb. 9th.