Judge Paul Gardephe ruled late yesterday that there was insufficient evidence to support a jury's guilty verdict in the kidnapping conspiracy conviction of Gilberto Valle.
His lawyers had argued that the alleged plots were really fantasy online role play that never put anyone in harm's way.
Valle dubbed by the tabloids as the "Cannibal Cop" smiled at his family and hugged his lawyers in court today. The judge set bail at USD 100,000 and ordered home detention for the defendant after prosecutors told him they intended to appeal his ruling.
Valle was convicted in March 2013 on the conspiracy charge which carries a possible life term and a misdemeanor count of illegally accessing a law enforcement database.
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He was expected to be released from jail later today and stay on home detention until he's sentenced.
Valle, 40, "is guilty of nothing more than very unconventional thoughts," one of his attorneys, Julia Gatto, said outside court. "We don't put people in jail for their thoughts. We are not the thought police."
A jury had concluded he wasn't just fantasizing when he conversed online with others he had never met about killing and cooking his wife and others in a cannibalism plot.
Prosecutors had argued that Valle took steps to carry out his plot, including looking up potential targets on a restricted law enforcement database; searching the Internet for how to knock someone out with chloroform and where to get torture devices and other tools.