9:23 prosecutors call a cold-hearted
unprovoked execution when the man
accused of shooting and killing San
Antonio Police Detective Benjamin
Marconi was in court to ask for a bond
reduction lawyers for Otis McCain wanted
his two million dollar bond dropped they
were shut down
Paul cinema was in court for that
hearing and testimony from both McCain's
mother and the lead detective in the
case here's a clip from this story their
only witness
McCain's mother she testified that the
family could not afford the high bail
citing a myriad of personal troubles a
lot of things
muscle memory chemo radiation and I just
had another surge a few months ago and
just a lot of things the lead detective
in Marconi's murder was the first then
only state's witness he told out he was
among the first officers on the scene
that day he testified that a security
camera video showed a suspect drive up
behind Marconi's patrol car a man run up
to the driver's side of the car then
returned to his car and speed away the
detective testified that another video
from inside Marconi's patrol car was
disturbing paul venema joins us now to
debrief this case is very difficult when
I'm sure for you to be covering what did
McCain's lawyers attempt to do during
the bond hearing and what was her
strategy well it's it's what they wanted
was one year accused of a crime the
state has 90 days to get you to get this
case to trial they they said that they
the state didn't do that the judge
disagreed there so anyway they were
trying trying to get the bond lowered
saying he was entitled to a lower bond
simply because the state had not met
their obligation as far as getting the
case to trial their strategy was to get
a bond that they thought their client
would deserved and could afford but it
was a no-no was it was certainly a
resounding no yeah they in order to the
the state's side to this the state had
to present what's called proof evident
to the judge that this case does not
deserve about or certainly extremely
high bond
the the proof evident would be some
other case so presenting some of their
case what they consider proof evident
kind of gives the defense an advantage
here that perhaps was part of their
thinking as far as even asking for this
hearing it gives the defense an
opportunity to get a glimpse of what the
state's trial strategy is going to be
down the road Paul speaking of the
defense tell us more about who's these
defense attorneys are and how they were
selected to represent Otis McCain the
Raymond Fuchs and who L Pettis two of
the really really good in my opinion
criminal defense attorneys in town
particularly when it comes to capital
murder cases they've got considerable
experience trying capital murder cases
they as how as far as how they got the
job if you will the judge appointed the
judge Ron hail appointed them and I
would guess that his thinking behind
that was simply I want the best of the
case a high-profile case like this I
want to make sure this guy is adequately
fairly represented so I'm gonna get them
to good lawyers so does that mean that's
pro bono because they're appointed by
the court or are they getting paid
they're getting paid by you and I know
they are they are court-appointed
attorneys McCain as a matter of fact
during this hearing today is yesterday
rather his mother explained that they
had limited financial resources not
enough to even make a bond so certainly
they couldn't hire adequate attorneys in
this case so that's the they were they
were given court-appointed attorneys
Paul you and I were talking before the
newscast today and I I know that there's
video of detective Marconi being killed
sitting in his car and you see a hand
and a gun and someone pulls the trigger
there I can't imagine how horrible
that's gonna be for a jury to have to
see one day what's so far who has seen
that video it's aside from the district
attorney's office obviously wasn't
putting their case together Judge run
hell he was given the video in advance
of this hearing so he could look at it
part of their their plan to present
proof evidence so judge judge Ron Hale
has seen it and of course the investor
police investigators and the DA's DA's
prosecutors but everyone who I just
visited with said he is something you
really don't want to see it's really
really graphic probably trouble
but likely will be shown during them
it'll certainly have to be yeah it's
part of the part of their case but often
in cases like this because it's so
graphic the the jury probably will be
the only person people to see it it's in
a courtroom they they have it's an open
courtroom so videos are seen by the
audience but in this case I think it'll
be just the jury and the judge what's
the next step next step is there's still
a lot of pretrial work to be done on
both sides they they had a a
psychological evaluation done on McCain
and so now given the results of that
both sides are going to start posturing
putting their cases together best-case
scenario because of the complexity of
the case the seriousness of the case
best-case scenario is probably not a
trial until next year probably January
alright paul venema with more on his
story check out case at calm it's right
there for you to check out this weekend
Paul thank you I've I still keep us
updated on the McCain case early will
thank you Paul