Lawyers: McDaniel’s Bond Unconstitutional, File Appeal

MACON, Georgia (41NBC/WMGT)- Attorneys for accused murderer Stephen McDaniel filed a motion for reconsideration of bond Friday afternoon.

Attorney Franklin Hogue says, ” In our case we were in a position to not only ask for it, but be entitled to it. So if we’re entitled to it then it ought to be one that’s real.” The defense was entitled to the bond after the District Attorney’s office failed to file a grand jury indictment  within 90 days of McDaniel’s arrest.

On Wednesday, Judge Phillip Brown set bond at $850,000 in the murder case against Stephen McDaniel. McDaniel is accused of killing and dismembering his neighbor and classmate Lauren Giddings. Hogue says the high bond violates his client’s constitutional right, because it is so excessive.

Hogue tells 41NBC McDaniel’s family is unable to pay for a bond that high and it is in an essence denying him the bond he is entitled to.

Hogue says the defense team will present new evidence during the appeal hearing to get bond lowered. The defense asked bond be set at $100,000 during a bond hearing in early April where they presented 20 pieces of evidence supporting that figure.

The DA’s office requested bond be set at $2.5 million.

Hogue says the defense team will present new evidence during the appeal hearing to get bond lowered. No date has been set for the reconsideration of bond motion.

McDaniel will not be released on bond until bond is granted in two other cases against him.

Hogue says he plans to file motions for bond in the burglary and sexual exploitation of children charges next week.