(CBS) — Relatives of a Chicago couple murdered decades ago will have to wait even longer to find out if the man convicted of the killings will have his case retried.

Members of the Torture Inquiry and Relief Commission voted 4 to 3 this afternoon to refer Jerry Mahaffey’s case for a retrial.

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But the group’s executive director says that fell short of what’s need to grant a rehearing or even to dismiss it.

Mahaffey and his brother were convicted in 1985 of beating and murdering Dean and JoEllen Pueschel in front of their 11-year-old son Rick, who survived being stabbed and beaten with one of his baseball bats.

Rick testified at the hearing via a recording, during which he urged commissioners to vote with their heads and not their hearts.

The state formed the commission to review convictions in light of tortured confessions extracted by ex-Chicago Police Commander Jon Burge and his crew.

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Joe Heinrich, JoEllen’s brother says it’s unbelievable the commission couldn’t make a decision.

He and other relatives packed the courtroom, wearing buttons with the family’s photo on them.

Heinrich says they’ll wait in anguish, like they have for almost 32 years, for a decision.

One family friend accused the panel of inflicting the very thing they’re supposed to investigate – torture – by making them wait.

The commission chairwoman says they need more people appointed to prevent such problems.

Heinrich says the commission violated its own rules and plans to appeal the vote.

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The commission’s next meeting is slated for September 16. It’s not clear if they’ll take up the case then.