On Tuesday morning, a Santa Clara County judge issued an order for the suspect to remain under house arrest.
The family of Laurie Houts gathered outside the courthouse demanding there be justice for her death.
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Houts died in 1992 after being strangled. She was only 25 years old.
Authorities arrested John Kevin Woodward again in 2022 after discovering new DNA evidence on the murder weapon.
Woodward was originally charged in 1996 and went on trial twice for her murder and both trials back then ended in mistrials.
A judge last week denied the move for a third trial claiming it would violate Woodward's constitutional protections against double jeopardy.
The family and friends of Houts say they are not giving up especially with the new DNA evidence.
"If this happens to our cold case, these legal technicalities about double jeopardy after hung juries, it could happen to any cold case that has previous mistrials with hung juries," said Marolyn Reiss, Laurie Houts friend.
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Family of Laurie Houts reacts after arrest made in 1992 murder
Woodward had been living in the Netherlands before being arrested in 2022 in New York after this latest charge against him.
It now goes to the appeals court who will review the case. The family says they hope they review it very soon.