Wednesday, April 16 2014 5:55 PM EDT2014-04-16 21:55:05 GMT
The Auburn Police Department says reports of an alleged threat were initially reported to the police department on March 26, 2014 and since that time investigators More >>
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Wednesday, April 16 2014 5:15 PM EDT2014-04-16 21:15:12 GMT
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The man indicted in a mass shooting that happened Auburn wants bond.
At the request of the defense, the judge asked both parties to file briefs, explaining why Auburn shooting suspect Desmote Leonard should remain behind bars until trial, or have the opportunity to make bail.
No bond was originally set, due to Leonard's capital murder charge.
The Pretrial Detention Briefs filed by the defense and prosecution argue similar points, with an attempt to prove opposite facts about Desmote Leonard's future.
An indictment in a capital murder case carries a presumption of guilt, for purposes of bail.
The defense, asked to file first, argues Leonard has met the Wilding standard, meaning bail can be set in a capital case if the defendant failed to prove guilt. Citing the evidence against Leonard isn't, "Clear and strong".
According to the defense, a case investigator told the court the strongest evidence against Leonard is one eye-witness, statements to two people, and flight from the scene.
The prosecution responded with a brief, arguing, "Clear and strong evidence" against* Leonard, adding Leonard did not produce sufficient facts that outweigh the threat to public safety or prevent him from fleeing again.
The state also cites Leonard was aware he was sought by law enforcement officers, which was the necessity of his surrender.
There is no word on when the judge will make a pretrial detention ruling.
Leonard is indicted on one count of capital murder of two or more persons, two counts of attempted murder, one count of assault first degree and two counts of assault second degree.
12 East Delano Avenue
Montgomery, AL 36105