Another motion, another denial.
A clerical error was the hope of Trevor Hubbard's defense attorney James Ochs Monday afternoon, but it didn't go the way he wanted it to.
Ochs filed a motion to basically clarify Hubbard's bond setting and once the air was clear, try again to implement a way to pay and get the 18-year-old out of jail.
Hubbard's bond has been set at $100,000 cash only since an additional charge of forcible rape was added to the other charges — sexual assault, sexual abuse, felonious restraint and child molestation — at the end of 2012 not long after Hubbard was arrested.
Judge David Mobley set the $100,000 cash only bond in Ralls County Associate Circuit.
While Ralls County Assistant Prosecutor Robert Rapp was in court for the hearing, Ochs addressed the court via cell phone. While the Ralls County case is under judication of 10th Judicial Circuit Judge Rachel Bringer Shepherd, the hearing was heard at the Marion County Courthouse in Hannibal where Bringer Shepherd was presiding Monday.
"The bond has been, for a long time, $100,000," the assistant prosecutor said. "What controls the bond is the bond order. The bond is appropriately set."
But the clerical error is what needed to be cleared up.
As it turns out when Hubbard's case went from the associate circuit level to the circuit, an error noted Hubbard's bond at $50,000. It was noticed, noted and quickly changed back in the records to $100,000.
However, the defense argued that Hubbard's family was under the impression because of the clerical error that his bond was $50,000 cash only. They offered property bond — which was denied along with a reduced bond motion April 2 — but apparently that was still on the table. So Ochs asked for a $50,000 cash only bond (essentially another shot at bond reduction) or a $100,000 bond where 50 percent would be needed to get Hubbard released.
"This is a young man with no prior convictions of any sort," Ochs said.
When all was said and done, Bringer Shepherd acknowledged she had already denied bond reduction before, but appreciated Ochs for bringing the matter to the court's attention.
Hubbard is expected back in court Tuesday, May 7. That will take place in Ralls County Court in New London, Hubbard's trial may be set that day.