PORTLAND, Ore. (AP) — The Oregon Department of Justice will appeal a federal judge's ruling that ordered the release or a new trial for Frank Gable, convicted of murder for the 1989 stabbing death of Oregon's prison chief Michael Francke.

The Oregonian/OregonLive reports the state filed its notice of appeal Wednesday in U.S. District Court in Portland.

The state also filed a 44-page motion to put on hold U.S. Magistrate Judge John V. Acosta's order while the appeal is pending.

The state is interested "in continuing custody and rehabilitation" of Gable, fears that he'll flee if he's released as he has a life sentence hanging over him, and doesn't want to waste time or money preparing for a new trial, if an appellate court overturns Acosta's order, according to the state's motion.

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Information from: The Oregonian/OregonLive, http://www.oregonlive.com

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Information from: The Oregonian/OregonLive, http://www.oregonlive.com

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