Even though Richard Pack took the witness stand promising to watch over his adult sons, his testimony was not a deciding factor in a bond reduction hearing on Tuesday.
Russell Pack and Phillip Pack are facing second-degree murder charges in the death of Jayne Love. Their attorneys appeared in court Tuesday afternoon asking the judge to lower the brothers’ bonds in hopes of the two being released from jail.
“The court is more concerned with the length of time between their arrest and trial,” Criminal Court Judge Shayne Sexton said referring to the five months the two had already spent behind bars.
Prior to this Richard Pack had testified if his sons were released, he would watch over the duo.
During cross examination Senior Assistant District Attorney General Mike Ripley asked the father about his knowledge of the brothers’ alleged drug use. He said he doubted that as well as the pending murder charges.
Sexton had a few questions for the senior Pack also.
“Are you a working man,” the judge asked.
Richard Pack said he was a truck driver by trade.
“How often are you on the road,” Sexton continued.
The father’s response was that his job took him out of town “a couple of days a week.”
Even though Sexton didn’t pursue the line of questioning, Richard Pack persisted saying he could set his own hours.
Moving on, Sexton asked how long the two men had been in jail. Attorneys replied they had been incarcerated since December 2008.
“In my opinion, that is a factor,” Sexton said regarding the possible bond reduction.
He then asked the defense attorneys if any motions had been filed regarding the speedy trial issue.
Phillip Pack’s attorney, Keith Hatfield, said while he had not yet, he intended to do that.
“The issue has to be preserved for the record,” he said.
Noting again the time between the arrest and the pending September trial date, Sexton reduced the brothers’ bond to $100,000 each.
“This accurately reflects the flight risk for both defendants,” he said. Sexton added the bonds must be secured or attached to unencumbered property.
“I am also putting a special condition they do not leave the jurisdiction pending trial in this case,” Sexton ruled.
The Packs are accused of killing Love last year.
Her family reported her missing in the summer of 2008. In September 2008, her body was discovered on a Campbell County mountain. The following December the two were indicted in Love’s death.
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