The Orange County man accused of the 2003 murder of Megan McDonald is will stay in jail until his second trial on Oct. 8, per the judge's order.

Edward Holley, 44, was back in court Monday afternoon for a scheduling hearing for his retrial for second-degree murder.

His first trial ended in a mistrial last month because of deadlocked jury.

Holley is accused of bludgeoning McDonald with a blunt object, possibly a hammer, and then leaving her body on a dirt road in the Town of Wallkill in March 2003.

The prosecution relied on inconsistencies in Holley's previous statements to police and an informant from jail who said he overheard Holley tell someone else he murdered McDonald.

Holley's defense team requested that Holley be released from jail, and be allowed to stay at his home with travel restrictions and an ankle monitor while his case continues. As part of his application to modify Holley's bail agreement, Defense attorney Eli Siems told the court that Holley has health problems including neurological issues that may require him to undergo a surgery.

Siems also said that the jury's 9-3 split in favor of acquittal in the first trial should also be reason for Holley's release, stating that the split makes a future conviction less likely.

Orange County Judge Hyun Chin Kim denied the application.

Both the prosecution and defense wanted to start the trial earlier, but the two months beginning Oct. 8 is the only time period that both sides are available.

Special prosecutor Julia Cornachio told the judge late last month she plans to present a case similar to the one she presented in the first trial.