A judge issued a continuance for James Cotter’s bond reduction hearing to consider his financial situation.
SAN ANTONIO — The man arrested and accused of trying to help Brad Simpson hide a gun appeared in court Monday.
Attorneys for James Cotter are fighting to get his bond reduced. Cotter was arrested two weeks after Brad’s wife, Suzanne Simpson disappeared.
No decision was made today so the hearing has been moved to Tuesday afternoon as the judge considers Cotter’s financial situation, an argument the state brought against the defense.
Cotter’s defense claimed his bond amounts are “unconstitutional.”
“The entire purpose here is to keep him in jail as long as possible to try and force him to cooperate and that’s not the basis of bail bonds in the state of Texas and that’s not legal,” the defense claimed.
His attorney has asked the $500,000 bonds each be reduced to $25,000, claiming he is not a risk to the community.
He also noted the bond condition where if Cotter does bond out he will be monitored at home by GPS.
The State came back with evidence of conversations between the defense and Brad Simpson.
“The text messages you [the judge] read in the affidavit… He was willing to meet him and hide his fully automatic machine gun,” the State claimed.
They used this to show he would “go far enough to protect Brad” – making him a threat to the community, according to prosecutors.
Cotter’s financial status also came into question as the judge weighed his constitutional rights, responding to the defense.
“Your [the defense] statement is these bonds are on their face egregious, therefore his [Cotter’s] finances shouldn’t be an issue?”
So the defense asked to have Cotter’s family flown in to testify regarding his financial status Tuesday afternoon.
The state objected to the continuance.
“The defense has had ample time to prepare this evidence…Several weeks.”
Tuesday they’ll head back to court for a decision and Cotter’s family is expected to testify.
Meanwhile, brad Simpson will be arraigned next Wednesday November 13 and KENS 5 will be there.