Two matters are pending in the second round of the Mark Torre junior case. The defendant's motion to amend his release conditions and be lifted from house arrest and the second, the government's motion to amend the indictment.

Both parties are before the court today on the retry of the case.

Torre was charged in 2015 with aggravated murder and manslaughter for the shooting death of fellow police officer Elbert Piolo. Two months ago the Supreme Court vacated his conviction.

Defense counsel Jay Arriola stated that as a practical matter his defendant has not been charged yet with new offenses.

"Our position is that the bail conditions should be modified, we request $5,000 personal recognizance under the standard conditions perhaps curfew if the court is concerned with his release," he said. "We ask that he be allowed to work if he is able to obtain employment that he be allowed to attend medical appointment including care for his infant and his soon to be newborn."

Assistant Attorney General Charles Kinnunen did not have anything further to add on the motion to amend the indictment and rests on brief.

However, Arriola responded by arguing that in order for his defendant to be charged with negligent homicide then there must be a whole new indictment from the grand jury.

"What the court is trying to as certain is what the defense position is as to what the new charges are pending," he said. "It sounds like the defense's position is that there's nothing pending... yup nope your honor, the only charge that's pending is the third degree aggravated assault that was charged in the indictment. So if they want to charge him with negligent homicide our position is they must file a pleading and that would be a grand jury indictment or a preliminary hearing."

The court is taking the matters under advisement and plans to have a decision in the next thirty days. Judge Michael Bordallo has scheduled a return for trial setting on Oct. 24.