Updated

A Connecticut judge has scheduled a hearing for arguments on whether he has the authority to release Kennedy cousin Michael Skakel from prison while he awaits a new trial in the 1975 slaying of neighbor Martha Moxley.

Judge Thomas Bishop will hold the hearing Wednesday in Rockville Superior Court.

Bishop ordered a new trial for Skakel, saying his trial attorney failed to adequately represent him in 2002 when he was found guilty of bludgeoning Moxley with a golf club. Skakel and Moxley were 15-year-old neighbors in wealthy Greenwich at the time of her death.

Prosecutors say Bishop doesn't have the authority to grant bond because of an automatic stay of his ruling while they appeal.

Skakel's attorney says Bishop does have the authority and keeping Skakel in custody would be a miscarriage of justice.