Chiropractor is back in a battle for bail
Published: 2009-06-05 22:09:26
Author: CARL HESSLER JR. | Delaware County Daily Times | May 3, 2009
NORRISTOWN — A Lower Merion chiropractor accused of attempting to hire a hit man to kill his estranged wife, a Haverford School District teacher, isn’t letting a state court ruling stop him from trying to be released from jail while he awaits trial.
Alan E. Kushner, 58, has filed another request in Montgomery County Court for bail, despite a Pennsylvania Superior Court ruling in February that reversed a previous judge’s decision granting him bail.
Kushner, currently being held in the county jail without bail, claimed circumstances have changed since the state court’s ruling, “warranting a re-evaluation of the bail decision.”
“Since date of arrest, (Kushner’s) conduct in prison has been such that prison authorities determined he was not dangerous to others, and reduced his security status from a restricted housing inmate to one in general population,” defense lawyer Frank DeSimone wrote in court papers. “Since date of arrest, (Kushner) has been incarcerated without incident.”
DeSimone argued the change in circumstances coupled with Kushner’s lifelong status as a productive member of the Main Line community with no criminal record shows prosecutors do not have sufficient grounds to keep Kushner locked up pending trial. DeSimone argued prosecutors have no evidence to support their contention that Kushner poses a danger to the community.
Deputy District Attorney Thomas McGoldrick vowed to continue fighting Kushner’s request for bail.
“Circumstances have not changed. The Superior Court already ruled and this case is headed for trial,” McGoldrick said.
It’s not clear if a judge will hold a hearing on Kushner’s latest request.
Kushner faces charges of attempted murder, solicitation to commit murder and conspiracy to commit murder in connection with alleged incidents that occurred between the fall of 2007 and September 2008.
Full story
Published: 2009-06-05 22:09:26
Author: CARL HESSLER JR. | Delaware County Daily Times | May 3, 2009
NORRISTOWN — A Lower Merion chiropractor accused of attempting to hire a hit man to kill his estranged wife, a Haverford School District teacher, isn’t letting a state court ruling stop him from trying to be released from jail while he awaits trial.
Alan E. Kushner, 58, has filed another request in Montgomery County Court for bail, despite a Pennsylvania Superior Court ruling in February that reversed a previous judge’s decision granting him bail.
Kushner, currently being held in the county jail without bail, claimed circumstances have changed since the state court’s ruling, “warranting a re-evaluation of the bail decision.”
“Since date of arrest, (Kushner’s) conduct in prison has been such that prison authorities determined he was not dangerous to others, and reduced his security status from a restricted housing inmate to one in general population,” defense lawyer Frank DeSimone wrote in court papers. “Since date of arrest, (Kushner) has been incarcerated without incident.”
DeSimone argued the change in circumstances coupled with Kushner’s lifelong status as a productive member of the Main Line community with no criminal record shows prosecutors do not have sufficient grounds to keep Kushner locked up pending trial. DeSimone argued prosecutors have no evidence to support their contention that Kushner poses a danger to the community.
Deputy District Attorney Thomas McGoldrick vowed to continue fighting Kushner’s request for bail.
“Circumstances have not changed. The Superior Court already ruled and this case is headed for trial,” McGoldrick said.
It’s not clear if a judge will hold a hearing on Kushner’s latest request.
Kushner faces charges of attempted murder, solicitation to commit murder and conspiracy to commit murder in connection with alleged incidents that occurred between the fall of 2007 and September 2008.
Full story