Wilhite not freed, will have court hearing in January

SPRINGFIELD, Mass. (WWLP) - Convicted murderer Charles Wilhite will remain in jail, as a judge refused to release him Thursday morning.

In a hearing at the Hampden County Hall of Justice, Judge Jeffrey Kinder said that he wants to look further into the case, and that a discovery hearing will be held on October 4.

Wilhite was convicted of murder in the 2008 killing of Alberto Rodriguez outside the Pine Street Market. The conviction was controversial, and members of Wilhite’s family have been advocating for his release.

He was granted a new trial after a witness in the murder case recanted his testimony. A judge found no physical evidence linking Wilhite to the murder. That new trial is scheduled to begin in January.

With his friends, family and supporters all watching Thursday, the judge told Charles Wilhite that he'd see him back in court then.

It was another disappointment to his family, which has been standing by him these past four years

In court, Wilhite’s mother, Shiela Drungo, cried. She told 22News that she just wants him to be free.

"I was just looking for him to come home today," Drungo said. "I was expecting them to make a decision today."

His aunt, Vira Cage, said that their family will continue their fight for a man they believe is up against the justice system.

"We believe that justice will arrive, it's just slow," Cage said. "We're used to these continuances that get approved time and time again."

Wilhite's new trial date is set for January 7, 2013.