A judge has agreed to reduce a defendant's bond from $750,000 to $145,000 in a 2009 cold-case killing, though the defendant still can't make it and remains in custody.
Hamilton County Criminal Court Judge Tom Greenholtz said prosecutors didn't present enough evidence during a hearing last month to justify a $750,000 bond for Mallory Vaughn's felony murder and especially aggravated robbery charges. Prosecutors say Vaughn and a then-minor, now 23, killed 68-year-old Franklin Bonner by duct taping his mouth shut on Jan. 16, 2009.
Greenholtz said the state claimed to have compelling evidence: A witness allegedly told authorities that Vaughn mentioned a safe found at the scene and described the robbery and act of duct taping to him. But Assistant Public Defender Kevin Loper argued that witness wasn't present and could have offered that information to federal authorities around the time of the 2009 slaying in the hopes of getting a reduced sentence on his own unrelated charges.
Plus, Loper argued, the state had no fingerprint, DNA or other forensic evidence linking Vaughn to the scene. Vaughn's family members previously told the Times Free Press that he participated in two interviews, willingly gave fingerprints and has denied involvement.
"Ultimately, neither witness who heard the confession, nor the witness's actual statement relating the confession itself, was offered for the court to consider," Greenholtz wrote in a Sept. 10 order. "Unless such proof can be offered to the court, one wonders how the bail amount presently established can be sustained on the basis of the other factors set forth in the Bail Reform Act."
Prosecutors said they didn't reveal all of their evidence at this hearing.
Vaughn remains in the Hamilton County Jail, despite Greenholtz's order. His family previously estimated they could make a $10,000 bond. His next court date is Nov. 14. At that time, attorneys will resolve any motions filed between now and then and likely set a trial date.
Contact staff writer Zack Peterson at zpeterson@timesfreepress.com or 423-757-6347. Follow him on Twitter @zackpeterson918.