PROSECUTOR PROTESTS BOND Hospital Killer Getting Out Of Jail To Await New Trial
Reported by: Bob Aaron
Videographer: Bob Aaron
Web Producer: Bob Aaron
Reported: Jan. 6, 2012 5:53 PM EST
EYEWITNESS ONLINE WEBCAST VIDEO C L I C K T O P L A Y
, Kanawha County
, West Virginia
The Supreme Court overturned Rhonda Stewart's first degree murder conviction because she was barred from using a battered spouse defense. Stewart shot and killed husband Sammy Stewart in 2009 in his bed at a Charleston hospital.
Daughters and other family members want her released after two-and-half-years behind bars.
Her attorney convinced Judge Tod Kaufman to grant bond, something no required in a murder case. He set a 150,000 dollar personal recognizance bond and home confinement. A PR bond means no money is posted. The prosecutor didn't like it.
Kanawha County Prosecutor Mark Plants said: " Based on the serious nature of the crime, I think there ought to be a very, very high bond that reflects the serious nature of the crime that's allegedly committed and I don't think this bond reflects that! "
A psychiatric exam is slated for Stewart later this month. Her lawyer says 38 years of physical,, mental and sexual abuse will be part of her defense when she goes on trial June 4t, 2012.
Her defense at the first trial claimed she planned suicide at the hospital and had shot her husband by accident.
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