A spokeswoman for the U.S. Attorney's Office said that office would review the case and make a decision on whether to seek an indictment.
On the legislative front, a push to change the law is about to gear up again.
Lawmakers last year changed a part of the law that required Tolbert and Blake to be freed pending the outcome of the prosecutors' appeals, even though they were to be held without bond.
But Weathersbee and others want to change a second part of the law that automatically ends a case if prosecutors lose their appeal, as they did with Blake.
Weathersbee said the result is bizarre: "I can stand up and say, I have killed someone and I have gotten away with murder. There's nothing you can do about it," he said.
Efforts to change that part of the law fizzled last year.
"We're not giving up," said Del. Theodore J. Sophocleus, an Anne Arundel County Democrat who works as an administrator for Weathersbee and will sponsor the bill.
Linda Griffin said she will testify again in favor of change if asked.
Opponents say the law is meant to discourage prosecutors from making frivolous appeals.
Meanwhile, prosecutors are preparing for a Feb. 24 sentencing for Tolbert.
"He should get life without parole. The fact that Mr. Blake should be there also doesn't make it unfair to Mr. Tolbert," Weathersbee said.