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At Michael Charles Hayes' last recommitment hearing in September 2007, one expert after another testified that the patient no longer was mentally ill or dangerous.

Superior Court Judge Steve A. Balog wasn't convinced. Hayes still had mental disorders that required treatment and supervision, Balog ruled. Furthermore, there was a "reasonable probability" that Hayes' "seriously violent conduct will be repeated and that he will be dangerous to others in the future if unconditionally released with no supervision at this time."

Balog's order to continue Hayes' commitment at the state's Dorothea Dix Mental Hospital in Raleigh met general relief and approval. The "seriously violent conduct" produced "four homicides and seven felonious assaults" by Hayes on July 27, 1988, Balog noted in his order. To many in the public, and especially to the surviving victims and relatives of the dead, it was unthinkable that a man responsible for so much harm could ever be released from state custody.

Now the unthinkable is more likely. The N.C. Court of Appeals ruled Tuesday that Balog acted "under a misapprehension of the law." He mistakenly believed he had only two options: to release Hayes without conditions, or to extend his commitment. In fact, he could have chosen an intermediate course. The error was prejudicial to Hayes' case, the appeals court said in ordering a new hearing.

Should anyone worry about what's prejudicial to a man who killed four people and wounded seven, supposedly thinking they were demons? Yes, if the law matters.

At trial, Hayes was found not guilty by reason of insanity. Writing for the appeals court, Judge Martha Geer cited a 1972 N.C. Supreme Court opinion authored by then-Justice Susie Sharp:

"A verdict of not guilty due to insanity constitutes a full acquittal, and one thus acquitted is entitled to all the protection and constitutional rights as if acquitted upon any other ground. ... He can be confined in an asylum only until his mental health is restored, when he will be entitled to his release. ..."

Hayes already spends most of his time off the Dix campus, his lawyer says. He has a job and a family. He attends Alcoholics Anonymous and Narcotics Anonymous meetings. It may be, as Dix physicians and psychologists say, he is no longer mentally ill. When a judge agrees, Hayes can be set free.

If it seems there's little justice in that possibility, the fault lies with the law that led to the original verdict. Now the law may allow Hayes' release as soon as next month, at his next hearing.

Because the appeals court has pointed out the option of conditional release, however, meaningful conditions should be considered. Those could include close supervision, mandatory attendance at AA and NA meetings, regular drug screenings and medical and mental evaluations.

Hayes has rights under the law, but the state must do what it can to make sure he never repeats his "seriously violent conduct."