ROAD TOWN, British Virgin Islands — Three of the four men accused of killing Lois McMillen were acquitted of murder on a directed verdict, but two of the freed men almost went back to jail Friday.

Prosecutors asked High Court Justice Kenneth Benjamin to order Michael Spicer and Alexander Benedetto held until at least October to give them time to assemble a jury to consider a charge of conspiracy to pervert the course of justice. Although Benjamin ruled Thursday that prosecutors presented insufficient evidence linking Spicer and Benedetto to McMillen's murder, the misdemeanor conspiracy charge was contained in a separate indictment.

"The issues are still alive," Senior Counsel Theodore Guerra told Benjamin after asking the judge to order Spicer, 37, and Benedetto, 35, to report to a local police station.

Benedetto's lawyer, Paul Dennis, labeled the maneuver "outrageous" and argued that the prosecution was not playing fair. Having lost a major legal battle Thursday, lawyers for the Crown were attempting to wage a side battle with the released men, Dennis suggested.

Spicer and George leaving the island (CourtTV.com)

"In the context of what has already happened in this case ... it would be manifestly unjust to seek to restrict my client's liberty," Dennis said. "My Lord, this is simply being vindictive."

Benjamin said the only issue for him to consider was bail. Spicer and Benedetto posted $10,000 bonds — in essence non-surety promises to appear in court when summoned — and were released again. Prosecutors indicated they would not pursue the conspiracy charge against the third released man, 23-year-old Evan George of Washington, D.C.

The attorney general of this British territory filed a notice of appeal of Benjamin's ruling Thursday that prosecutors presented insufficient evidence during the five-week trial against Spicer and Benedetto. Benjamin ruled that the nine-member jury, which began hearing evidence April 2, could lawfully return a verdict of guilty or not guilty against a fourth defendant based on the testimony of a prison informant.

The informant, Jeffrey Plante, testified that New York businessman William Labrador, 37, admitted in prison that he drowned McMillen, 34, of Connecticut, after an argument over money on Jan. 14, 2000. McMillen's fully clothed body was discovered on the shoreline of the island of Tortola, where she and the defendants were vacationing separately.

At 2:45 p.m. Friday, Spicer and George, wearing sandals and shorts, boarded the ferry Voyager Eagle to St. Thomas, a U.S. Virgin Island, where they planned to catch a flight back the U.S. During the car ride to the ferry terminal, both told a Court TV reporter that they were anxious to get home to their families and had no immediate plans for their future.

The two men said nothing as the car passed the site, marked by a small white cross, where McMillen's body was discovered. When they passed the West End police station George said, "This is where it all began."

Benedetto was looking to get a flight from Tortola to the U.S. today. If Labrador is eventually acquitted by the jury, the conspiracy charge against Spicer and Benedetto would likely be dismissed.

Labrador was back in the witness box Friday to face more cross-examination by Guerra. He again denied killing McMillen and having any reason to harm her, and he refuted most of the statements attributed to him by Plante, his former cellmate at Her Majesty's Prison.

Guerra got Labrador to say on the stand Friday morning that he advised Spicer not to call McMillen's parents after police told him about the discovery of the body because it could be construed as interfering with a "criminal investigation." Guerra noted that no police officer had told Labrador at that point how McMillen died.

"I told him that he should not interfere in a criminal investigation by the police and it was best not to call the McMillens," said Labrador, dressed in a light gray double-breasted suit, white shirt and blue-green neck tie.

The tall, dark-haired witness bobbed his head while testifying, looking at Guerra to receive each question and then turning to the jury box to answer.

"No one up to that time had informed you of the manner in which she had died," Guerra responded. "I put it to you that the reason why you said it was a criminal investigation is because you knew what you had done to Miss McMillen."

"No, sir," Labrador answered.

Plante's testimony, which the defense has characterized as the concoction of a con man, was that Labrador admitted to drowning McMillen during an argument over money. He told the jury April 17 that Labrador made the admission when he found religion several days before Good Friday last year.

Guerra asked Labrador numerous questions about his faith and knowledge of Catholicism, including whether he knew the Holy Sacraments. Labrador said he could not recite each but was familiar with them. Guerra then asked if Labrador was aware that Catholics give confession before accepting communion. The line of questioning seemed to suggest, although Guerra did not draw the connection, that Labrador had something to get off his chest just before Easter and Plante was willing to hear it.

"I had nothing to confess, sir," Labrador insisted. "I had nothing to confess. I had nothing to be absolved of, sir."

Before the lunch break, Guerra asked Labrador questions about his involvement with several New York-based modeling agencies. Labrador confirmed that he worked for several between 1990 and 1995 but refused to answer questions about his employers or the reason he left one of the firms, Women Model Management Inc.

"That's all covered by confidentiality agreements," Labrador answered several times.

"You're refusing to answer?" Guerra pressed.

"Yes, sir," Labrador said.

Guerra resumed that line of questioning Friday afternoon, asking Labrador if there had ever been questions raised about $350,000 while he was employed by any of the agencies. Labrador said he was not aware of any and was surprised to hear the question asked.

Labrador later said in response to questions from his own lawyer that he is legally bound to keep the terms of his employment confidential and could be subject to a civil lawsuit if he violated the agreements.

In response to several questions asked by jurors, Labrador testified that he never was intimate with the victim and was "blown out of the water" when he learned the day before his pretrial hearing last July that Plante had given a statement against him more than two months earlier.

Following up an issue raised by the prosecution, jurors asked Labrador whether he was part of a campaign to use the U.S. media to portray the British Virgin Islands and its government in a bad light. Labrador said he never spoke badly about the BVI or its residents, and did not know whether any media outlet was doing so. Several newspapers and television outlets were contacted, Labrador said, but only to hear his complaint that he and his friends were being held without evidence.

Guerra suggested through his questions that Labrador's participation in Court TV's "Crier Today" program by telephone last June was part of a campaign to "bad mouth" the BVI, its government and the criminal justice system here.

After Labrador left the witness box, defense lawyer Richard Hector tried to call Plante's parole officer, a woman from Texas, to testify about the informant's character and credibility. Prosecutor Terrence Williams said that under the rules Hector could ask about Plante's character or credibility, but not both.

The judge said that Plante's credibility can only be attacked or discredited as it pertains to the evidence he gave that is directly related to the death of Lois McMillen.

"We're not trying Mr. Plante," Benjamin interjected. "The law says that whatever he says is final."

Hector, whose defense of Labrador in large measure relies on discrediting Plante, said the parole officer should be allowed to testify. "Central to this issue is that Mr. Plante contrived this whole story because he was afraid of being extradited," Hector said.

Benjamin suggested that the lawyers read about case law on testimony about character and credibility of other witnesses. Testimony resumes at 9:30 a.m. Monday.