2 men convicted, sentenced to decades in prison now free on bond after same judge grants new trials

2 men convicted of violent crimes and sentenced to decades in prison free on bond after same judge grants new trials

Two men convicted of violent crimes and sentenced to decades in prison by a jury. FOX 26's Randy Wallace explains in this "Breaking Bond" report.

HOUSTON - 58-year-old Patrick Burton and 46-year-old Aaron Bayne Wright were both convicted and sentenced by a jury of their peers.

Breaking Bond: 2 men convicted of violent crimes and sentenced to decades in prison free on bond after same judge grants new trials

What we know:

Burton got 26 years for sexual assault and a jury sentenced Wright to 50 years for allegedly shooting his ex-wife five times.

"His intent was for her to die. No ifs, ands, or buts," said Andy Kahan with Houston Crime stoppers. "Gets 50 years, the jury nailed him. The evidence was overwhelming."

But Wright and Burton are not on their way to prison. Why? Because 263rd Criminal Court Judge Melissa Morris granted them new trials.

Wright's attorneys filed a motion for a new trial based on prosecutorial misconduct.

"You cannot ever comment on a defendants failure to testify if that means granting a motion for a new trial, and doing it over again, then that's what has to happen," said defense attorney Sylvia Escobedo.

Judge Morris granted Burton a new trial because a visiting judge denied the defense's request for a continuance.

"I've got concerns for both victims, particularly the victim of an aggravated sexual assault, waited for five years for resolution in this case," said Kahan. "The guy's back out on bond knowing full well I just got 26 years. What's going to happen to me in the next trial."

"Maybe I should run, maybe I should run, maybe I should retaliate against those who testified against me. Maybe I should make sure the people who testified against me aren't going to testify against me again by intimidating them, by threatening them. There's so many different things that could happen," said Amy Smith with the Harris County Domestic Violence Coordinating Council.

The DA's Office requested Wright's bond be raised to half a million dollars.

The judge denied the motion.