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Provo • Bail will remain at $1 million for an Orem man whose murder conviction was recently overturned over incorrect home measurements, a judge said Tuesday.

Conrad Mark Truman, 34, is facing charges of first-degree felony murder and second-degree felony obstruction of justice in 25-year-old Heidy Truman's death.

A jury in 2014 convicted the husband of the crimes, but 4th District Judge Samuel McVey ruled earlier this month that Conrad Truman would receive a new trial because jurors relied on incorrect measurements of the couple's home when they found him guilty of a holding a gun to his wife's head and pulling the trigger.

Conrad Truman's attorney, Mark Moffat, argued Tuesday that while they prepare for the weeks-long trial currently scheduled to begin on Nov. 1, his client should be freed from the Utah County jail. He is not a flight risk, Moffat argued, and he would not drink alcohol or be around guns.

"It is unjust that he sit in jail while these proceedings go on," Moffat argued to the judge.

Moffat further argued that when McVey originally set the high bail in 2013, he relied on misleading and wrong evidence presented by police and prosecutors. This included the incorrect home measurements, mischaracterizations of Conrad Truman's statements to police after his wife was shot and an incorrect theory that the husband stood to inherit a large sum of money if his wife died.

"The evidence that we have uncovered showed that Mr. Truman was telling the truth all along," Moffat argued. "That he did not kill his wife."

But Deputy Utah County Attorney Tim Taylor asked the judge to keep the bail at $1 million, arguing that Conrad Truman's inconsistent statements were a "big issue."

In refusing to lower the bail, Judge McVey said he can only consider whether there is probable cause: That a crime was committed and that the defendant likely did it. This is a lower burden than "beyond a reasonable doubt," which a jury must find at trial.

McVey said that while he does not consider Conrad Truman a flight risk, he is concerned about protecting society.

"I think this is the only way to protect society from the deadly combination of alcohol and weapons," McVey said.

Moffat said after the ruling that the defense team was "very disappointed."

"He's bummed out," Moffat said of Truman. "He's upset. This man stood up at the time he was sentenced and told the court he didn't commit this offense. The evidence we have uncovered suggest that he is right."

Colette Dahl, Conrad Truman's sister, said she believed the judge's rulings have been biased against her brother, saying McVey has made repeated references to the alcohol that the couple consumed before the shooting and has insinuated that they were doing something wrong.

"They were adults in their own home," the sister said.

Heidy Truman's mother, Janet Wagner, said her family was pleased with the ruling and are remaining hopeful that a jury will convict Conrad Truman a second time. She said he has never taken responsible for her daughter's death.

"He's never mourned my daughter," she said.

Heidy Truman was shot on Sept. 30, 2012 at the couple's Orem home, and died the next day. Her husband was also there that night, but has said he was in the kitchen when he heard a noise and then turned to see his wife collapse.

Police began to suspect Conrad Truman of murder when he told conflicting stories about her death and threatened the life of a responding police officer.

While prosecutors argued that Truman's erratic behavior pointed to murder, defense attorneys told jurors the husband was in shock and under the influence of alcohol.

Twitter: @jm_miller