XENIA — The man who had a murder conviction thrown out and was granted a new trial was ordered released from jail on a personal recognizance bond Monday afternoon.

David Lee Myers was convicted and sentenced to death in 1996 for the much-publicized railroad spike death of Amanda Jo Maher near some abandoned railroad tracks in Xenia. After an evidentiary hearing last month, Visiting Judge Jonathan P. Hein vacated the conviction and sentence and gave Myers a new trial.

After hearing arguments from both sides — and a prepared statement from Sarah Sparkman, Maher’s daughter — Hein granted bond with house arrest and 24-hour GPS monitoring among three pages of restrictions.

Speaking directly to Myers, Hein said he expects him to “rise to the occasion, not wipe my face in it.”

Making the case for Myers’ release, lead defense attorney Elizabeth T. Smith told Hein that the $5 million bond requested by the state — if Myers was afforded bail at all — was not only “excessive, it is punitive.”

Smith said that was tantamount to no bail and was against Myers’ constitutional rights to bail and due process. Smith added that Myers is not a flight risk, has no driver’s license, no passport, and no money.

“He’s not going anywhere,” she said. “He’s not a danger to public safety. He is entitled to the presumption of innocence.”

Greene County Chief Trial Counsel Charles “Bill” Morrison said the proof is evident and there is clear and convincing evidence against Myers and the constitutional section cited by the defense does not apply to capital murder cases.

Morrison added that he “can’t think of another capital case where a recognizance bond has been or should be given.”

Hein told Myers that he is expected to meet with his legal team whenever they request it, and comply with all of the restrictions. If he fails to do that, Hein said bail can be revoked.

A pre-trial hearing will be set for sometime in the future, however that will be done around an appeal the state previously said it will file regarding Hein’s decision to vacate the murder conviction and death sentence.

“We disagree with the court’s decision to release Myers on a personal recognizance bond,” County Prosecutor David Hayes said.

Myers was expected to be out of jail some time Monday afternoon, according to a person familiar with the process.

Reach Scott Halasz at 937-502-4507.