The man convicted of murdering Japanese visitor Masumi Watanabe may get released from prison one day.

Kirk Lankford will not receive an extended sentence -- and could become eligible for parole in the future.

"After extensive consultations with the state's expert in this matter, at this time, the state will be withdrawing its motion for an extended term of imprisonment," said Honolulu Prosecutor Peter Carlisle.

"We'll accept that offer, judge," said Kirk Lankford's attorney Don Wilkerson.

Prosecutors would've had to prove that Lankford is a danger to the community now and forever in order for Lankford to receive an extended term or life without parole.

Lankford's mother is happy her son may get out of prison one day, but they are planning to appeal the murder conviction.

She also apologized to the Watanabes.

"I want to say we're very sorry for how horribly Kirk handled all of this. I prayed forever for her to be found. I did, and I know a lot of other friends and family members did," said Trish Sander, Kirk Lankford's mother.

Trish Sander says her son Kirk Lankford is not the horrible person he's been portrayed as.

She says he's a good person who just made a series of bad decisions on April 12th, 2007 that lead to the death of Japanese visitor Masumi Watanabe.

"This is like the movie like 'Traffic' where everything collides and all the mistakes are made and people are making one bad one decision after another, and it just escalates. This is what happened. He feels sorry for his whole involvement and realizes now that he scared her," said Sander.

Prosecutors withdrew their motion for extended sentencing because they felt there wasn't enough evidence to prove Lankford will forever be a threat to society.

So Lankford could be eligible for parole one day.

"It moves the battle from the courtroom to the Parole Board," said Carlisle.

It'll be up to the Parole Board how long Lankford will have to serve time in prison.

"Mr. Lankford is really happy about the withdrawal, however we are still very disappointed with the jury verdict. Mr. Lankford still asserts his innocence. I think the jury rushed to a conclusion," said Wilkerson.

"We went through everything very thoroughly. We had logs of every day, all took notes, reviewed all the notes, so it took day and a half to review the notes. We did not leave anything untied," said Phillip DePorto, a juror in the Lankford trial.

Lankford's mother says they plan to appeal the murder conviction.

"We don't feel that all the facts came out. We see that the prosecution tried to paint a picture of Kirk as someone really horrible that he's not," said Sander.

"If you're sitting there and telling me you don't think this guy is dangerous, you and I don't agree," said Carlisle.

Sentencing is scheduled for the end of July.