BAKERSFIELD, Calif. (KGET) -- A federal judge on Tuesday granted release from custody to a Bakersfield police detective facing federal child porn charges despite a prosecutor's assertion there were no conditions guaranteeing he wouldn't access the internet.

Marc Lugo will be released Wednesday unless the prosecution files a motion for a review of the judge's decision, in which case he'll remain in custody pending the review.

It was indicated in court that such a motion will be filed.

Judge Christopher D. Baker acknowledged there was no foolproof solution to monitoring Lugo.

Nevertheless, he found a combination of conditions including home detention and electronic monitoring, as well as strong family support, to be factors supporting Lugo's release.

Pretrial services prepared a report

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