Last month, Judge Cynthia Becker overturned the convictions of Pat Reid and her ex-husband, Tony Pope.
Both were convicted in a DeKalb County school construction scandal last year.
Former Superintendent Crawford Lewis testified during the trial.
In a recent court order, Becker noted a “lack of complete and truthful" testimony in nine specific areas from Lewis.
An appeals court judge initially halted Reid and Pope's release from jail.
Lewis was accused of knowingly signing off on a scheme in which DeKalb schools' Chief Operating Officer Patricia Pope, now Pat Reid, funneled work to her architect husband, Tony Pope. Prosecutors said the fraudulent payments totaled more than $2.3 million.
Lewis was sentenced to spend one year behind bars by Becker last year, despite striking a plea agreement that would allow him to avoid jail time and spend one year on probation.
At the time, Becker said she was not bound to the plea agreement, but the district attorney said Becker agreed to the terms. Lewis served nearly a week in jail before being released on bond after his attorney filed an emergency motion.
