 He asked the head of the Fifth Circuit, Supreme Court Associate Justice Lewis F. Powell Jr., to set him free on bail while his appeal was pending, but Justice Powell denied the request.The district court once more found the pre-trial publicity, the denial of defense witnesses, and improperly drawn charges had denied Calley a fair trial, and ordered him released on September 25, 1974.Calley was released on bail while the government appealed the ruling.