Smith’s attorney, Jeffry Hunter, filed a motion asking Common Pleas Judge Mary Montgomery to lower her bail, citing Smith’s connection to the community and lack of criminal history.
“The defendant is a life long resident of Dayton, Ohio,” the motion says. “Further, the defendant’s entire family lives in Montgomery County.
“The defendant has no criminal record, and while these charges are serious, they are just charges. As Supreme Court has stated many times, when considering bond, it’s important to remember the defendant is presumed innocent.’”
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Smith was willing to wear a GPS monitor and be subject to home arrest, the motion says, and the attorney argued that she poses no risk to the community and is not a flight risk.
However, on Thursday, Montgomery filed an order in the case denying any change of bond. Hunter didn’t return a request for comment from the Dayton Daily News.
Smith is due back in court on July 2 for a status conference.