Flynn, 39, was shackled at the hands and feet when a deputy led him into the courtroom. He was indicted by a county grand jury Wednesday on 11 counts in the Feb. 16 death of his wife, 37-year-old Ashley Flynn, in their Cunningham Court home in Tipp City.
Credit: Bryant Billing
Credit: Bryant Billing
About a dozen of Ashley Flynn’s family members attended the hearing, sitting in the public gallery behind the prosecutor.
Wall read the 11 charges against him: aggravated murder, three counts of murder, two counts of felonious assault, three counts of tampering with evidence and two misdemeanor counts of intimidation of an attorney, victim or witness in a criminal case. If convicted as charged, Wall said he faces 25 to 30 years to life in prison or life without parole.
“Your honor, we would acknowledge receipt of the indictment,” said defense attorney L. Patrick Mulligan, who added that they “respectfully enter a plea of not guilty to all counts and specifications.”
Mulligan also requested a reduced bond.
“As you are aware, my client has no record whatsoever. This is the first time ever being actually in a court case. I would suggest that a reasonable bond should be set in light of the fact that we have entered a not guilty plea. He is represented by retained counsel and has the ability to appear in court,” he said.
Miami County Prosecutor Paul Watkins opposed a lower bond because the $2 million bond was set in municipal court when the highest charge was murder.
“There is now an aggravated murder charge, along with corresponding tampering with evidence and tampering with witness charges,” he said.
Credit: Bryant Billing
Credit: Bryant Billing
Also, there is precedent on an unrelated aggravated murder case with a bond set at $3 million for a defendant who had local ties and local employment.
“This defendant does not. Any of his local ties are through the victim’s family, and they’re not supportive at this time in terms of any sort of living arrangement. The defendant’s family does live out of state. The state would ask the court, Your Honor, to set bond in excess of $3 million,” Watkins said.
Although Flynn has no criminal record, Wall said that is not the only consideration for setting bond.
“The court considers the history of the charges, including that aggravated murder charge. … There is no local contact here that can be established, no residence at this time. Given the seriousness, nature of the charges, as well as the victim involved, the nature of the relationship, the court will order a $3.5 million bond blanket on all of that, cash bond,” Wall said.
Credit: Bryant Billing
Credit: Bryant Billing
If he posts bond, Flynn would have to verify a local address and would be under house arrest with electronic monitoring. He also could not violate any law or have any contact with the alleged child victims of the intimidation charges or their representatives, which includes no calling, texting, emailing or communicating through a third party, the judge said.
Flynn teared up hearing that he would not be able to have contact with his daughters.
Following the hearing, Mulligan said he is looking forward to defending the case.
Flynn is next due in court for a March 30 pretrial hearing before Judge Jeannine Pratt, who has been assigned the case.
Credit: Bryant Billing
Credit: Bryant Billing
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