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The earliest that Christian Hernandez can be free on bail is Monday. The 25 year old Thunder Bay man's bail hearing is being delayed by a legal issue. The prosecution wants the lawyer for Hernandez, Chris Watkins, taken off the case citing a possible conflict on interest. Justice Joyce Pellettier will make a ruling on that Monday morning. Hernandez is facing a charge of impaired driving causing death. It follows a traffic accident just days before Christmas which killed 45 year old Richard Carmichael.