SELDEN - Bail has been granted for a dying grandfather convicted of molesting three young girls.
Thomas Green, 66, has been released on $100,000 bail after serving five years of a 35-year sentence. He had been convicted five years ago of molesting girls in his Selden neighborhood.
A federal judge recently ruled that evidence used to convict Green was fraudulent and ordered the Suffolk district attorney to hold a new trial or release Green.
Defense attorney Ronald Kuby says Green has been given weeks to live and is suffering from multiple cancers and two lung clots. Green was so ill he couldn't leave Peconic Bay Medical Center for his hearing.
Green has been ordered to home confinement and must wear a GPS monitor if he is released from hospitalization.
The district attorney is appealing the federal court decision to set aside Green's conviction. Kuby calls the appeal an exercise in futility.
"They are not going to complete their appeal because Mr. Green will be dead," says Kuby.