CHEYENNE, Wyo. (AP) — Prosecutors are still investigating whether to proceed with a new trial for a Wyoming man who was granted the state's first retrial based on DNA evidence.

Laramie County District Attorney Scott Homar said Friday that his office hasn't yet decided whether to proceed with a second prosecution of Andrew J. Johnson.Laramie County District Judge Thomas Campbell last month ordered the 63-year-old Johnson to be released on bond.

Johnson had served 23 years of a life sentence after being convicted of breaking into a Cheyenne woman's apartment and raping her. Recent testing showed Johnson was not the source of male DNA taken from the victim after the 1989 attack.

Johnson's lawyers want prosecutors to drop the charges against him. Campbell on Friday set an October trial date for Johnson.