Attorneys for a mentally ill inmate convicted of killing a police officer asked a judge on Friday to look into the man's status as a state prisoner.



State officials acknowledged letting Peter Bard out of prison five years too early last month. They say Bard was wrongly credited for years he spent in a state hospital.

At a hearing Friday, Bard's attorney, David Niehaus, asked Circuit Judge Mitch Perry to investigate how officials calculated the time Bard served in prison.

But prosecutors argued that Perry does not have jurisdiction to do that. Perry declined to rule. He says he must determine whether he has jurisdiction.

Bard fatally shot Jefferson County sheriff's deputy Floyd Cheeks in 1993. He was twice deemed too insane to stand trial in the 1990s, but a judge reversed that ruling in 2000.

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