OZARK, Ala. (WDHN) — David Harrison, the lead attorney for the man suspected of killing teens J.B. Beasley and Tracie Hawlett in 1999, filed a bond motion Wednesday afternoon.
According to Harrison’s motion, the evidence presented by the state is not strong enough to leave Coley McCraney, 45, in the Dale County Jail without bond, which Harrison said is “unreasonable and … in violation of his right to reasonable bail.”
“The court sat and heard the evidence presented by the State at the Preliminary Hearing and could not and should not be impressed by the magnitude and quality of the evidence,” the motion states.
Harrison also wrote that McCraney deserved a bond since he had no prior felonies or a history of violence, is the main provider for his family, and is an active member in the community, having worked with Hearts of Goal for seven years.
According to the Alabama Constitution, all citizens can receive bail unless the evidence in a capital offense “is evident or the presumption is great.” Trammell v. State also further explained that the evidence must be clear enough to establish that the defendant is definitely guilty of a crime and that he would be punished capitally if there is a conviction.
In cases where a capital felony is granted bond, the Alabama Rules of Criminal Procedure set the bail amount at a minimum of $50,000.