Following the grant of "habeas" and Baker's appeal, Bernstein urged prosecutors to allow her client to be set free on bond until the appeal could be heard. Whitney Tilson, a New York City investment manager, and others offered to finance a million dollar bond on Wilson's behalf, but District Attorney McDade noted that Wilson's crime, aggravated child molestation, prevented him from being released on bond. Douglas County Superior Court Judge David Emerson agreed with McDade and canceled a scheduled bond hearing. Bernstein announced that she would file an appeal.