Hamilton County Sessions Court Judge David Bales was overruled for the second time after setting a high bond for a Criminal Court employee's son who faces two misdemeanor charges.
Hamilton County Circuit Court Judge Jackie Schulten was brought in Wednesday to review the $80,000 bond set earlier that morning by Bales in the case against David Wininger.
She changed the bond amount to $4,000 without comment.
Wininger, who was taken into police custody Wednesday morning after the $80,000 bond was set, is charged with false imprisonment and domestic assault in connection with two incidents with his estranged wife.
When Wininger first came to court on the charges two weeks ago, Bales said he set the bond at $70,000 because of Wininger's prior criminal history, which includes charges of theft. Bales also said he knew Wininger sometimes did not appear for hearings.
The day after his initial bond was set at $70,000, Wininger's attorney, Wendy Stanfield, took the case to Hamilton County Criminal Court Judge Rebecca Stern, who ruled that Wininger should be released on his own recognizance.
Days later, Bales called Stanfield into court to ask her why the defendant had been freed.
After Bales set Wininger's bond at $80,000 on Wednesday morning, Stanfield took the case to Stern again, but this time Stern recused herself. She watched in the courtroom as Schulten ruled to lower the bond from $80,000 to $4,000.
The hearing Wednesday was the first time a judge had heard testimony in Wininger's case.
On Wednesday, Wininger's attorneys argued for the lower bond, saying Wininger is not a flight risk and will show up for his court dates.
The attorneys also questioned his estranged wife's story of abuse. He had taken out an order of protection against his estranged wife, Jennifer Wininger, said one of his attorneys, Hilary Hodgkins.
"This is a really sad case," Hodgkins said. "I don't think there is any flight risk."
Jennifer Wininger testified in the hearing that she had attempted suicide, used drugs and pleaded guilty to a previous assault charge in the past.
During court testimony, she said that she and her husband fought a lot and that, in one incident in August, her husband held her in a chokehold and tried to trap her in a car, then a house.
A few months later, she said they had another fight and he slung her across a room and punched her in the face.
Prosecutors showed pictures of her bruises.
"I don't know what Adam is capable [of]," she testified.
Still, Jennifer Wininger said she wanted her husband to be released from jail because she wanted him to be able to attend a custody hearing Wednesday afternoon to determine the care of their daughter.
She is allowed to see her daughter only on supervised visits.
"I've left Adam on numerous occasions," she said. "I've never been away from my daughter this long."