With the case reopened, the prosecution was no longer bound by the prior plea agreement, and filed additional charges against McTiernan, charging him with two counts of lying to the FBI (one count for claiming he had hired Pellicano only in connection with his divorce proceedings and another for denying he had ever discussed wiretapping with Pellicano) and one count of committing perjury during the previous court proceedings by denying he had been coached by his attorney on what to say during his previous guilty plea hearing (a denial that he later stated in a declaration was false). After some adverse rulings on his attempted defense arguments, and facing the possibility of a prison sentence of more than five years on the various charges, McTiernan eventually entered another guilty plea (on all three counts) in a second plea bargain in 2010, conditioned on his plan to appeal the earlier rulings against his defense approach, and Judge Fischer sentenced him to one year in prison, three years of supervised probation, and a fine of $100,000. The judge said that the increased length of the prison sentence was related to the additional, more serious charge of perjury before her court, that McTiernan's crimes were more than just a momentary lapse of judgment, that he still did not seem to have really accepted responsibility for his actions, and that she would have issued an even more lengthy prison sentence if the prosecution had not recommended less. McTiernan was then released on bail pending an appeal of the adverse rulings.