The filmmaker was ordered to spend a year behind bars in 2010 after he was convicted on two counts of making false statements to authorities at the Federal Bureau of Investigation (Fbi) as part of their probe into crimes committed by jailed Hollywood private detective Anthony Pellicano.
He turned himself in to police last April (13) to begin his sentence, but he was allowed to walk free from Federal Prison Camp in Yankton, South Dakota on Tuesday (25Feb14) after spending 328 days in detention.
He will serve the remainder of his 12-month term under house arrest at his family ranch in Wyoming.
MCTiernan is refusing to give up the fight to reverse his conviction after previously trying and failing to withdraw his guilty plea in 2012. Following his release, his spokesperson revealed the disgraced filmmaker was planning to file a complaint with the Justice Department Office of Professional Responsibility to have the alleged crime wiped from his record, claiming prosecutors and other officials acted improperly.
A statement obtained by The Hollywood Reporter reads: "MCTiernan's attorney, Hank Hockeimer, said he has told the 9th Circuit Court that his client was in prison 'not only for a crime he did not commit, but for conduct that simply is not a crime,' and that 'Prosecutorial contortions and judicially-created procedural walls have been employed and erected throughout these proceedings to block out a simple fact: an innocent man sits in federal prison.'
"MCTiernan, though incarcerated, has never been given proof of any evidence the government alleged to have against him. MCTiernan's sentence for a false statement was influenced by the allegation of the government that wiretapping occurred on his behalf."
MCTiernan initially admitted to hiring Pellicano to illegally record movie producer Charles Roven's phone conversations and lying to authorities about it. He was also convicted on one count of perjury for lying to a federal judge during the period when he wanted to withdraw his earlier guilty plea.