Man Convicted in 2004 Murders Could Go Free, New Suspects to be Prosecuted

September 1, 2014 Updated Sep 1, 2014 at 11:12 PM EDT

By Jill Perkins

September 1, 2014 Updated Sep 1, 2014 at 11:12 PM EDT

Buffalo, N.Y. (WKBW-TV) It's been nearly a decade since Miguel and Nelson Camacho were murdered in November of 2004 on Niagara Street in Buffalo.

Now new evidence has federal investigators pointing fingers at new suspects. The man who pleaded guilty to the crimes back in 2006, Josue Ortiz could soon be free.

At the time of Ortiz's arrest there were many questions about his mental state.He was ultimately deemed competent by the court and his confession was accepted.

In a statement issued last year, Erie County District Attorney, Frank Sedita said "The conviction at issue is not the result of a questionable jury verdict; rather, it is the result of a guilty plea. On December 22, 2006, Josue Ortiz pleaded guilty to killing Nelson Camacho and Miguel Camacho. At the time of that plea, Mr. Ortiz was under oath and in a court of law while accompanied by two defense attorneys."

Tuesday morning a hearing to vacate Ortiz will be held in Erie County Court.

The US Attorney's office is trying to have the hearing sealed because they plan to prosecute the new suspect even if Ortiz's conviction is not vacated.