RIVERHEAD, N.Y. (AP) — A man imprisoned 17 years for the murder of his parents could be freed on bail within days as preparations are made for a new trial, a prosecutor said Saturday.

Suffolk County District Attorney Thomas J. Spota said he has decided not to fight to keep Martin Tankleff behind bars while prosecutors decide how to respond to an appeals court ruling that tossed out the 35-year-old inmate's 1990 conviction.

"Whatever cause of action I decide to take, Tankleff will not be in jail. I think that's only fair. He will be standing trial as a free man," Spota said.

A state appeals court said in a unanimous opinion, made public Friday, that new evidence raised the possibility that Tankleff's parents, Seymour and Arlene, might have been killed by someone else.