UTICA, N.Y. (WKTV) - The Marcy man convicted of raping and murdering a Whitesboro High School Junior in 1985, may have his conviction overturned, and he could be released from prison as early as Tuesday.

Steven Barnes was expected to be in the courtroom Monday afternoon when his attorney asked for a hearing to overturn his conviction. But at the last moment, Barnes' attorney asked the judge if it was okay that Barnes not be present.

Barnes, now 42, was taken from the courthouse to the Oneida County Jail where he will be held until Tuesday morning's hearing, which is now set for 9:30 a.m.

Barnes has now served 20 years of a 25-to-life sentence after being convicted by a jury of raping and murdering 16-year-old Kimberly Simon.

The Innocence Project, a not for profit aimed to free innocent people is now representing Steven Barnes. They have been working with the Oneida County District Attorney's Office for years to try to have new DNA testing done to prove Barnes' innocence.

They, along with the District Attorney's Office say new DNA tests do prove Barnes did not murder 16 year old Kimbely Simon whose body was found in Whitestown, nude and bruised in September of 1985.

Monday's joint statement released by the Innocence Project and the District Attorney's office said:

"Test results were recently obtained on material collected from the victim's body and clothing, and those results do not match Barnes... we anticipate that the court will vacate Barnes' conviction and release him from custody on Tuesday."