The man who claims he was wrongfully convicted of the rape and murder of a 12-year-old girl is now free on bond while he awaits a new trial.

Andrew Krivak and his friend Anthony DiPippo were convicted in separate trials in 1996 for the rape and choking death of 12-year-old Josette Wright. Wright's body was found in Patterson.

Four years ago, DiPippo was acquitted following new evidence in the case. He settled a wrongful-conviction lawsuit with Putnam for $12 million.

Based on a confession that Krivak says he was coerced into giving, he says he never got a retrial.

"Until the day that they acknowledge that and admit that they were wrong, I will continue my fight to vindicate myself and clear my name,” says Krivak.

Last May, a judge overturned Krivak's conviction and an appellate court upheld the dismissal.

Krivak was released today from Putnam County Correctional Center on bond while he awaits a possible new trial.

"I'm kind of speechless at the moment," says Krivak. "I've been wrongfully convicted; this is the first step towards proving my innocence and clearing my name. I thank everybody who's fought this battle with me, stood behind me, and is continuing to support me."

The DA's office is seeking permission to appeal the latest ruling. If denied, the DA can either retry the case or drop the charges.

Putnam Valley District Attorney Larry Glasser says he feels confident about retrying the case, saying in part, “We are confident in our pending application to appeal and we are very confident in our case at trial if we do have to bring him to trial again."

The victim’s mom, Susan Wright, is still convinced that Krivak and DiPippo raped and killed her daughter.

"He doesn't deserve to be out, doesn't deserve the comforts of home, doesn't deserve his favorite meal,” says Wright.