Michael J. Hagan, who lost his job as a bank vice president at the end of April 2014, shortly after his arrest on three Class D felony weapons charges, was arraigned in Marion County Circuit Court on Tuesday afternoon.
James C. Ochs of Clayton, a private attorney representing Hagan, waived the formal reading of charges, and entered not guilty pleas to all three charges before Judge David C. Mobley.
Ochs then filed an oral motion for a change of venue to Ralls County, and stated his intent to proceed to a jury trial. Prosecutor David N. Clayton offered no objection to the change of venue, and the judge granted the request.
The judge asked the attorneys to notify him of exclusionary dates in October, November, December and January, so that the judge and lawyers can set the date via a conference call. The trial is expected to last for two or three days. Both Clayton and Ochs said they would call two to three witnesses.
“We will start early and stay late,” Judge Mobley said. “If you tell me two days, we will get it done in two days.”
“I will keep the court advised,” Ochs said. “I will take depositions which will streamline things.”
Ochs brought up the motion he filed last week to amend the bond conditions for his client.
Following Hagan’s arrest, bond was set at $50,000 cash only. “Mr. Clayton and I discussed it,” Ochs said, and they agreed to amend the bond to $75,000, allowing for surety, and special bond conditions. Those conditions include strict house arrest, and Hagan is required by his probation officer to wear a SCRAM alcohol detection bracelet.
Ochs asked that the house arrest and SCRAM bracelet be removed from the bond requirements.
“This is the first contact with the law in (Hagan’s) entire life,” Ochs said. He would like these restrictions removed so that Hagan can have time to look for a job and to run errands.
Ochs said that the SCRAM bracelet is costing his client $300 or more per month. “He lost his job shortly after his arrest, and he is being supported by his wife.” He can’t work on the farm owned by his family, or manage rental properties because of the house arrest, Ochs said.
Clayton, in rebuttal, reminded the court that to be released on bond is a privilege, not a right. He reiterated about the seriousness of the crime for which Hagan stands accused.
“He (allegedly) took a loaded concealed weapon into a drinking establishment in downtown Hannibal,” Clayton said. “He pointed the gun at one person, then put her up against a wall and pointed it again. We consented to bond so he could get counseling.”
Instead, Hagan was evaluated and it was determined that counseling wasn’t called for, Clayton said.
“He (Hagan) was extremely intoxicated (at the time of the incident.) He clearly cannot control his alcohol consumption. The bartender is the primary victim. She was sober. He was mad because his beer temperature was too warm and he poured it on the bar.
“It was the state’s hope that he was to receive some sort of treatment, but they released him instead.
“The state has been more than generous,” regarding bond, Clayton said. “It is the state’s intention to send Mr. Hagan to the Department of Corrections if convicted.”
“Here is how I look at it, guys,” Judge Mobley said to the attorneys. “I’m not going to change” the bond conditions. “You both agreed to it. Things have been working. The request (for bond alteration) will be denied.”
While the judge was still explaining his position, Hagan turned to his attorney and whispered.
“I would ask that you not interrupt me,” Judge Mobley said to Hagan.
Ochs then told the judge that the SCRAM bracelet was added by the probation office, and was not part of the bond conditions.
“It has been working,” Judge Mobley repeated. “There have been no issues. He hasn’t been out drinking.”
The judge’s ruling stands.
Hagan and his wife entered the courthouse a few minutes prior to the scheduled hearing time. While she remained upstairs outside the courtroom, he went back outside.
“Are you an attorney?” asked a security guard posted at the door.
“No,” answered Hagan, who was dressed in a business suit.
Upon re-entering the courthouse, Hagan walked through a metal detector, as is the custom of all non-court personnel. The alarm beeped.
“It’s my belt buckle,” Hagan said, and proceeded back upstairs.
Judge denies Michael Hagan bond condition alteration
Aug 19, 2014 at 12:01 AM Aug 19, 2014 at 11:39 PM