Seventy-five-year-old William Barnes has been incarcerated since Philadelphia police Officer Walter Barclay died. Prosecutors said Barclay's death in 2007 was directly caused by Barnes' shooting and paralyzing him in 1966.
Barnes served his full sentence for shooting Barclay. In 2010, a jury acquitted him of murdering Barclay, but he's still in prison.
U.S. Magistrate Timothy Rice two weeks ago issued a recommendation saying Barnes has endured "a shocking pattern of arbitrary and irrational expectations, requirements, and parole denials" and should be released immediately.
A parole board attorney filed court documents Tuesday arguing the case should go back to the parole board instead.