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ALPENA -- People considered innocent shouldn't have to be rich to get out of jail, an attorney told Judge Ed Black in Alpena's 26th Circuit Court on Monday.
Julie Miller, Assistant Chief Defender at the Northeast Michigan Regional Defender Office, urged Black to lower the bond for Kevin Baughan, who faces attempted murder charges for allegedly pouring gasoline in an Alpena house and threatening to light a lighter.
A jury last month could not decide whether Alpena County Prosecutor Cynthia Muszynski had proven Baughan intended to kill several adults and four children in the home, resulting in a hung jury and possible retrial.
Baughan has been incarcerated in the Alpena County Jail for almost 20 months, since his arrest in December 2020.
After the trial, Black set a $125,000 cash or surety bond for Baughan, who had not been granted an option for release on bond by a lower-court judge.
Baughan has no way of coming up with that money, said Miller, who assured Black that Baughan would be monitored and would not present a danger to the community if released while his case continues through court.
"I hate to see someone held in jail just because they don't have money," Miller said, noting that, if Baughan came from a wealthy family, he would be out of jail already.
Muszynski spoke against a lower bond, saying a prior record of convictions makes releasing Baughan a greater risk.
The public is not safe if Baughan is let out on less than a $125,000 bond, Muszynski said.
Because the crimes of which Baughan is accused could lead to substantial incarceration time in the event of a conviction, Baughan's $125,000 bond will stand, Black said.
He instructed the attorneys to quickly decide if they could reach a plea agreement and, if not, get a new trial onto the court's calendar.
"He's been sitting way too long," Black said.
Baughan's attorneys may move to dismiss Baughan's case before a second trial, citing double jeopardy, in the wake of a recent appeals court decision. Miller said.
Julie Riddle can be reached at 989-358-5693 or jriddle@thealpenanews.com. Follow her on Twitter @jriddleX.