Nevada County Picayune and Gurdon Times Newspaper Archive

Cond Hearing Held For Three Murder Suspects; 1 Posts Bail (cont)

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"First degree murder," he said, "carries a life sentence and this justifies their being held without bond."

However, he said if it was appropriate and bond was set, it should not be less than $250,000.

He reminded the court no formal charges have yet been made because the case is still under investigation. The charges, Rodgers said, could be upgraded to capital murder.

Honey pointed out the U.S. Supreme Court has repeatedly held severity alone of the charge is not a basis for denial of bond. He said no evidence had been presented showing his client is a threat of flight or further harm to anyone.

Pickett argued the defendants have the right, before conviction, except in capital murder cases, to a reasonable bond.

He said there are nine factors involved in bonds, including the likelihood of conviction and severity of the charges. However, he pointed out other factors were willful non-appearance, family ties, employment and prior criminal history.

Pickett said $250,000 was too much for bond in this case and asked the court to set it lower.

Judge Hudson said this was a difficult decision but the presentation of information had made the issue much clearer.

"The evidence is clear," he said. "There are ties to the area, though they don't live here. All work and have family ties to Nevada County. Reports of their character are generally favorable, but the only witnesses have been close family members. Their families will help them get back to court.

"By nature, this is the second most serious charge Arkansas brings. A review of the investigator's file shows the probability of conviction high and bears heavily on the risk of non-appearance.

"I believe the law requires me to set bond. It's what I have to do and believe appropriate."

At this, Judge Hudson set Cason's bond at $250,000 and Craig's and Buchheit's at $500,000 each.

Conditions of the bond include the three having no access to weapons of any kind, no drinking or drugs unless prescribed by a doctor and no contact with the McKinnon family.