Modesto Attorney Freed Before Christmas, Still Faces Murder Charge

MODESTO (CBS13) — Prominent Modesto attorney turned murder defendant Frank Carson stepped out of jail to the cheers of supporters and to a kiss from his wife.

The couple hadn't seen each other or spoken in 16 months. She is also a co-defendant in her husband's murder case.

Carson also shared a long embrace with his 90-year-old mother.

CBS13 was there as Carson spoke for the first time since being freed.

"Mr. Carson what would you like to say," CBS13's Steve Large said.

"Well it's good to be out," Carson said. "And Merry Christmas."

On his way to an awaiting SUV, Carson answered more reporters questions, saying he believes he will be vindicated.

"We will be," Carson said. "I guarantee that."

The murder charges against him have not been dropped.

The judge's surprise decision to release Carson came after prosecutors introduced possible new audio evidence late in the preliminary hearing. The evidence prolongs the court hearing

A statement from the Stanislaus DA reads:

"Due to the delay surrounding this issue, this afternoon the judge felt compelled to release the in-custody defendants on their own recognizance."

Two other co-defendants, brothers Daljit Atwal and Baljit Atheal accused in the murder conspiracy case were also released.

The prosecutors' wild allegations accuse Carson of masterminding a murder for hire plot. The victim killed was 26-year-old Korey Kauffman. Prosecutors say he was targeted for repeatedly stealing from Carson's property.

Now, this shocking case has a new surprise twist. Frank Carson is free again.

In total, all nine co-defendants, including three former CHP officers are now free from custody after initial arrests in August of 2015.

The next court date is set for Jan. 3.