Three of nine members of a Midwestern militia who are accused of conspiring to overthrow the government likely will be released from jail Tuesday until trial, a defense attorney said.

Prosecutors notified attorneys for Tina Stone, David Stone Jr., and Jacob Ward that they intended to withdraw their opposition to a judge's order releasing the three, lawyer Michael Rataj said.

"I'm not one to look a gift horse in the mouth. They want to let her out," said Rataj, who represents Tina Stone. "Why they approached me and lawyers for two other defendants, I don't know."

The three were to appear Tuesday afternoon in U.S. District Court in Detroit, said Rod Hansen, a spokesman for the court.

Prosecutors will continue to oppose the release of the other six and met a Monday deadline to file new court papers with the 6th U.S. Circuit Court of Appeals in Cincinnati.

U.S. District Judge Victoria Roberts ordered the release of all nine members until trial under strict conditions, including electronic monitors. But the government appealed her ruling, and the 6th Circuit suspended it May 10.